Keith Mack
Common-law marriage, which traces its roots to old English law, is not a nationwide practice in the United States. As of 2022, only 12 states recognize common-law marriages, with varying requirements. In recent years, there has been a national trend of states moving away from recognizing common-law marriages, with Pennsylvania being the most recent state to abolish the practice in 2005. This shift towards a more formal and legally transparent approach to recognizing marital relationships has resulted in a requirement for couples to be more proactive in legal planning and considering their rights and responsibilities under the new legal framework.
| Characteristics | Values |
|---|---|
| Year of common-law marriage abolition | 2005 in Pennsylvania; 2019 in South Carolina; 2016 in Alabama; Oklahoma's status is unclear, with dates of abolition reported as 1994, 1998, 2005, and 2010; unclear status in Utah |
| States that continue to recognize common-law marriage | Colorado, Iowa, Kansas, Montana, New Hampshire (for inheritance purposes only), Oklahoma, Rhode Island, Texas, Utah, and the District of Columbia |
| Requirements for common-law marriage | Capacity to marry; a present marriage agreement; holding each other out as husband and wife to the public; cohabitation |
| States that recognize common-law marriage for specific purposes | New Hampshire (for probate and inheritance purposes only) |
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What You'll Learn
Common-law marriage requirements vary by state
The requirements for a common-law marriage vary across different states 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 is currently only recognised in a handful of states. These include Kansas, Oklahoma, Texas, Utah, and New Hampshire, as well as the District of Columbia and some provisions of military law.
In Kansas, for example, the requirements for a common-law marriage include both parties being at least 18 years old, having the capacity to marry, a present marriage agreement, and holding each other out as husband and wife to the public. Similarly, in Oklahoma, there is uncertainty about the status of common-law marriage, with some sources indicating that it has been abolished since the mid-1990s. However, as of August 2022, certain government entities continue to represent common-law marriage as legal in the state.
The situation in Utah is also ambiguous. While government websites claim that common-law marriage does not exist, other legal sources suggest that "non-matrimonial relationships" may be recognised as marriages within one year of the relationship ending. Utah will only recognise such relationships if they have been validated by a court or administrative order, including requirements such as legal age and consent, capacity to enter a solemnised marriage, cohabitation, and holding themselves out as a married couple.
New Hampshire recognises common-law marriage for the purposes of probate only. In this state, couples must cohabit and acknowledge each other as husband and wife for a period, generally reputed to be three years, until the decease of one of them. After this period, they are deemed to have been legally married.
It is important to note that the recognition of common-law marriages can have legal implications, especially in cases involving prenups, significant debt, child custody issues, and property questions. Additionally, states without common-law marriage recognition must still acknowledge a common-law marriage from another state, as long as the couple's relationship meets the requirements of a common-law marriage state.
The specific requirements for a common-law marriage to be recognised vary by state, and it is always advisable to consult a local family law attorney for up-to-date information and legal advice regarding marital status and rights.
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Common-law marriage is abolished in some states
Common-law marriage has been abolished in several US states, including Pennsylvania, Ohio, Idaho, Georgia, Florida, and Alabama. In these states, common-law marriages entered into after a specific date are no longer recognized as valid. For example, in Pennsylvania, any common-law marriage contracted after January 1, 2005, is not considered valid.
The abolition of common-law marriage in these states marks a significant shift towards a more formal and legally transparent approach to recognizing marital relationships. Couples in these states must now follow a statutory process involving an officially sanctioned ceremony and documentation to establish a legal marriage. This change aims to bring clarity and consistency to marital status and avoid the legal ambiguities and disputes that often arise in common-law marriage claims.
The recognition of common-law marriage varies across the United States, with only a small number of states continuing to recognize it. Some states, such as Texas, have specific requirements for common-law marriages to be valid, such as cohabitation and holding themselves out as a married couple to the public. In New Hampshire, common-law marriage is recognized for inheritance purposes only, allowing surviving spouses to claim inheritance.
The status of common-law marriage in some states, such as Utah and Oklahoma, is unclear. While government websites in Utah claim that common-law marriage does not exist, legal websites suggest that "non-matrimonial relationships" may be recognized as marriages under certain conditions. Similarly, the situation in Oklahoma has been uncertain since the mid-1990s, with conflicting information from different state entities regarding the legality of common-law marriage.
The abolition of common-law marriage in some states highlights the evolving nature of marriage recognition in the United States. While common-law marriage has a long history tracing back to old English law, the trend towards abolishing it reflects a preference for more formal and legally recognized marriages.
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Common-law marriage is unclear in some 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 currently survives in a limited number of U.S. states. The specific number of states that recognize common-law marriage is unclear, with sources citing anywhere between seven and nine states, in addition to the District of Columbia and some provisions of military law.
The ambiguity surrounding the number of states that recognize common-law marriage is due to the varying requirements and conflicting information within certain states. For example, Oklahoma is listed by some sources as a state that recognizes common-law marriage, but its status is noted as unclear. This uncertainty stems from the conflict between state law and court rulings, with legal scholars reporting different years (1994, 1998, 2005, and 2010) as the alleged abolition of common-law marriage in Oklahoma. As of August 2022, Oklahoma's state agencies, such as the Tax Commission and the Department of Corrections, continue to represent common-law marriage as legal, further adding to the confusion.
Utah is another state where the status of common-law marriage is ambiguous. Government websites claim that common-law marriage does not exist in Utah, while other legal sources state that "non-matrimonial relationships" may be recognized as marriages within one year of the relationship ending. Utah will only recognize such relationships if they have been validated by a court or administrative order, meeting specific criteria such as legal age, capacity to marry, cohabitation, and holding themselves out as a married couple.
The situation in Pennsylvania also exemplifies the unclear nature of common-law marriage in some states. In 2003, an intermediate appellate court purported to abolish common-law marriage in the PNC Bank Corporation v. Workers' Compensation Appeal Board (Stamos) case, creating uncertainty. The Pennsylvania legislature clarified the situation by abolishing common-law marriages entered into after January 1, 2005, while recognizing those contracted before this date as valid.
The varying requirements and conflicting information within certain states contribute to the overall ambiguity surrounding common-law marriage in the United States. While some states have clear recognition or abolition of common-law marriage, others, like Oklahoma, Utah, and Pennsylvania, present a less clear picture due to conflicting laws, court rulings, and evolving legislative decisions.
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Common-law marriage is recognised in some states
Common-law marriage is recognised in some US states, albeit with varying requirements. These states include Colorado, Iowa, Kansas, Montana, New Hampshire (for inheritance purposes only), Oklahoma, Rhode Island, South Carolina, Texas, Utah, and the District of Columbia.
The status of common-law marriage in Utah is not entirely clear. While government websites claim that common-law marriage does not exist in Utah, other legal websites state that "non-matrimonial relationships" may be recognised as marriage within one year of the relationship ending. Utah will only recognise the relationship if it has been validated by a court or administrative order.
In New Hampshire, common-law marriage is recognised for the purposes of probate only. In other words, a couple's common-law marriage will not legally exist in New Hampshire until one partner dies, which then allows the surviving spouse to claim any inheritance.
In Texas, if a couple does not commence a proceeding to prove their relationship as a marriage within two years of the end of their cohabitation and relationship, there is a legal presumption that they never agreed to be married. However, this presumption can be rebutted.
While some states continue to recognise common-law marriages, others have moved to abolish them. For example, Pennsylvania abolished common-law marriage through legislation that took a clear stance: no common-law marriage contracted after a specific date would be recognised as valid. Similarly, Alabama recently moved to abolish common-law marriage, following a nationwide trend that has been taking place for years.
It is important to note that the recognition of common-law marriage can change over time, as legislatures may rewrite laws or courts may issue new decisions. Therefore, it is always advisable to seek legal assistance when dealing with matters related to common-law marriage.
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Common-law marriage and divorce
Common-law marriage, also known as informal marriage, is currently recognised in a small number of US states, including Rhode Island, Texas, Utah, and Oklahoma. The recognition of common-law marriage varies across states, with some never having permitted it, and others no longer permitting it. For instance, Pennsylvania abolished common-law marriages after January 1, 2005, and the status of common-law marriage in Utah is unclear.
The requirements for common-law marriage are determined by each state, and there are significant variations. One common feature is that partners must demonstrate that they were not already married before entering into a common-law marriage. Additionally, they must be of legal marriage age. Some states, like Kansas, require both parties to be at least 18 years old. Other states mandate that the couple must live together for a specified period, while others do not consider cohabitation a factor.
Divorce from a common-law marriage involves unique legal considerations. Unlike conventional marriages, common-law marriages lack a formal paper trail, such as a marriage license or certificate. As a result, couples seeking divorce must first prove their marriage's validity, which can be challenging. This proof often includes evidence of cohabitation, shared finances, or public acknowledgment of the relationship.
The process of divorce from a common-law marriage differs from that of a traditional marriage. While the specific requirements vary by state, individuals typically need to demonstrate the existence of their common-law marriage. In Texas, for example, there is a two-year statute of limitations. If neither party petitions for divorce within two years, it is legally considered that the couple was never married.
It is important to consult with an experienced attorney who can provide guidance on the specific requirements and process for divorce from a common-law marriage in a particular state.
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Frequently asked questions
As of 2016, common-law marriage was recognized in 12 US states: Colorado, Iowa, Kansas, Montana, New Hampshire (for inheritance purposes only), Oklahoma, Rhode Island, South Carolina, Texas, Utah, the District of Columbia, and Alabama. However, Alabama has since abolished it, and South Carolina no longer recognizes common-law marriages as of 2019.
Common-law marriage was abolished in Pennsylvania on January 1, 2005.
The situation in Oklahoma has been unclear since the mid-1990s, with legal scholars reporting various years from 1994 to 2010 as the year common-law marriage was abolished in the state. However, as of August 2022, some state institutions continue to represent common-law marriage as legal.
