Anaya Nolan
Common-law marriage is a legal marriage between two people who have not purchased a marriage license or engaged in a formal ceremony. Common-law marriages are recognised in some states in the US, as well as in Israel, where common-law spouses are granted similar benefits to married couples. In England and Wales, the term common-law marriage is used socially to refer to unmarried, cohabiting heterosexual couples, but this does not confer any legal rights or obligations.
| Characteristics | Values |
|---|---|
| Number of states recognizing common-law marriages in the US | 7 or 9 or 15 |
| States recognizing common-law marriages | Alabama, Georgia, Idaho, Ohio, Pennsylvania, South Carolina, Texas, Utah, Rhode Island, and the District of Columbia |
| States that do not recognize common-law marriages | New York, Canada, Australia |
| Requirements for common-law marriage | Cohabitation, intent to be married, holding out to friends, family, and the public as being married, legal right or "capacity" to marry |
| Benefits | Tax deductions, death and disability benefits, social security, etc. |
| Proof of marriage | Lease agreements, tax returns, insurance policies, declaration with the county clerk |
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What You'll Learn
Common-law marriage recognition in the US
The recognition of common-law marriages varies across the United States. While some states have abolished it, others continue to recognise it fully or partially.
Common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact, is a form of irregular marriage that does not require a marriage license, ceremony, or certificate. Instead, it is based on mutual consent and agreement between the couple to enter into a marital relationship, living together, and holding themselves out as a married couple.
As of 2025, common-law marriage is no longer recognised in New York, Alabama (abolished in 2017), and Colorado. However, New York and Alabama will still recognise common-law marriages established before the abolition dates. Colorado no longer recognises common-law marriages entered by minors within the state or foreign common-law marriages involving minors.
There is ambiguity regarding common-law marriage recognition in Utah. While government websites deny its existence, legal websites suggest that "non-matrimonial relationships" may be recognised as marriages within a year of the relationship ending. Utah will only recognise such relationships if validated by a court or administrative order, considering factors such as legal age, capacity to consent, cohabitation, and mutual assumption of marital rights and obligations.
States that currently recognise common-law marriage in some form include Alabama (if created before January 1, 2017), Florida (if created before January 1, 1968), Georgia (if created before January 1, 1997), Indiana (if created before January 1, 1958), Ohio (if created before October 10, 1991), and Pennsylvania (if created before January 1, 2005). These states have specific dates before which the common-law marriage must have been established to be recognised.
It is important to note that the recognition of common-law marriages can be complex and subject to change. The information provided here may not be exhaustive, and seeking legal advice from a local attorney is recommended to understand the specific requirements and recognition in each state.
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Common-law marriage in Texas
A common-law marriage, also known as a marriage without formalities or an informal marriage, is a valid and legal way for a couple to marry in Texas. It is a relationship in which two people live together as spouses but have not undergone any ceremonies or legal agreements. In Texas, same-sex couples are also recognised under common-law marriage.
In Texas, there are three requirements for a couple to meet the criteria for a common-law marriage. Firstly, the couple must live together. Secondly, they must agree that they are married. Thirdly, they must hold themselves out to others as a married couple. There is no requirement for the couple to be together for a specific period of time before they can declare themselves to be in a common-law marriage. However, if two years pass after a common-law marriage couple separates and neither party has filed anything to prove the marriage, Texas law presumes that the marriage never existed.
Couples can register their common-law marriage by filing a declaration with the county clerk. For couples that choose not to declare their common-law marriage, documents such as lease agreements, tax returns, and insurance policies may be requested to prove the marriage. If no declaration was filed and there is a dispute as to whether a common-law marriage existed, it may be necessary to go to court to prove the marriage.
Proving a common-law marriage can be important when a relationship is ending (divorce) and in determining inheritance rights. Under Texas law, all property acquired during a marriage, whether formal or common-law, is community property. If a common-law marriage is proven, community property is divided in the same way as if the parties were formally married. Debts accumulated during a common-law marriage are also divided between the spouses.
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Common-law marriage in New York
In the United States, each state has its own laws and regulations concerning common-law marriages. Some states recognize common-law marriages, while others do not. The requirements for establishing a common-law marriage vary from state to state, but generally, the couple must cohabitate, present themselves as married, and intend to be married.
New York State does not recognize common-law marriages for relationships established within its borders. This means that regardless of how long a couple lives together or whether they consider themselves married, they will not be considered legally married in New York without a marriage license and a formal ceremony. However, New York will acknowledge a common-law marriage if it was validly established in another state that recognizes such marriages. This is due to the Full Faith and Credit Clause of the United States Constitution, which requires each state to recognize and give effect to the laws and judicial decisions of other states.
To prove a valid common-law marriage from another state, couples must show they intend to be married, present themselves as married to others, are not currently married, and
Although New York does not grant common-law marriages, it does recognize domestic partnerships, which provide certain legal and financial protections to couples who live together but are not married. Domestic partnerships are available to couples of any gender or orientation and offer some of the same fundamental legal and financial safeguards as well as estate planning advantages that married couples receive. Certain rights may be granted by states to domestic partners while denied to those in a common-law marriage. For example, in New York, public employers and private companies may offer benefits such as health, dental, and vision insurance, housing rights, sick leave, and use of certain facilities to domestic partners, which may not be granted to partners in a common-law marriage.
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Common-law marriage in the UK
The term "common-law marriage" refers to a relationship in which two people live together as spouses but have not undergone any legal marriage ceremonies or agreements. While common-law marriages are recognised in some countries and states, the situation is different in the United Kingdom, particularly in England, Wales, and Northern Ireland.
Common-Law Marriage in England and Wales
In England and Wales, common-law marriage as a concept has no legal grounding. Unmarried couples, regardless of their gender, are not granted the same rights and obligations as married couples or civil partners. This means that in the event of separation or death, the surviving or former partner is not automatically entitled to anything, and the distribution of assets will be decided by property law. However, it is important to note that unmarried partners are recognised for certain purposes in legislation, such as means-tested benefits.
Common-Law Marriage in Northern Ireland
While Northern Irish law also provides little recognition of common-law marriage, there is some provision for surviving partners in the event of their spouse's death. Under the Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979, the surviving partner may apply for provision from the deceased partner's estate if they were living together as if they were spouses and were dependent on the deceased.
Common-Law Marriage in Scotland
Scotland has recognised various forms of "irregular marriage," including "marriage by cohabitation with habit and repute." However, this form of common-law marriage was abolished in the Family Law (Scotland) Act 2006. Nevertheless, Scotland recognises informal cohabitation relationships, and cohabiting couples have some basic rights in the event of their relationship ending.
Proposals for Change in the UK
There have been proposals to introduce a form of common-law marriage or 'de facto' relationship status in the UK to provide greater legal protection for the financially weaker party in a relationship. However, there is also resistance to such reforms, with concerns that they might undermine marriage and impose unwanted rights on couples.
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Common-law marriage in other countries
In the United States, common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact, is a form of irregular marriage that survives only in a handful of states. These include Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia, while Utah, South Carolina, and New Hampshire have limited recognition of common-law marriage. The requirements for common-law marriage vary depending on the state, but generally include living together, the legal right to marry, and the intention to be married.
In Canada, there is no common-law marriage, but informal cohabitation relationships are recognised for certain purposes, creating legal rights and obligations.
Scotland was the only European jurisdiction that had not abolished the old-style common-law marriage until 2006, when "marriage by cohabitation with habit and repute" was abolished in the Family Law (Scotland) Act 2006.
Israel has a form of common-law marriage called yeduim batsibur, which grants couples virtually the same benefits and privileges as married couples. To be recognised, the couple must satisfy two tests: an intimacy test, and an economic test.
In England, Wales, and Northern Ireland, the term "common-law marriage" is used to refer to unmarried, cohabiting heterosexual couples, but it does not confer any legal rights or obligations on the couple.
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Frequently asked questions
A common-law wife is a woman in a common-law marriage. This is a legal marriage without a formal ceremony, license, or certificate.
It is a marriage where a couple lives together for a period of time, holding themselves out to friends, family, and the community as "married".
Common-law marriage is recognized in seven states in the US and the District of Columbia. It is also recognized in Israel and, until 2006, Scotland.
The requirements vary depending on the jurisdiction. In Texas, for example, the couple must agree to be married, live together as husband and wife, and represent themselves as married to others. In other states, the couple must live together, have the legal right to marry, intend to be married, and behave as a married couple.
In states that allow common-law marriage, couples may have the same rights as a traditionally married couple. However, in places like England and Wales, common-law marriage is not recognized, and cohabiting couples do not have the same rights as spouses or civil partners.
