Kara Sears
Common-law marriage, also known as sui juris marriage, is a form of irregular marriage that is only recognized in a few places. In the United States, common-law marriage is recognized in only a handful of states, including Colorado, Iowa, Kansas, Montana, Rhode Island, and Texas. These states do not require a marriage certificate, but both parties must be of legal age and sound mind, and must live together for a specified period. While some states have abolished common-law marriage, they may still recognize such marriages from other states. Common-law marriages are also recognized in Canada.
| Characteristics | Values |
|---|---|
| Number of U.S. states that recognize common-law marriage | 7 states and the District of Columbia fully recognize common-law marriage. 2 states recognize it for limited purposes. |
| States that fully recognize common-law marriage | Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia. |
| States with limited recognition of common-law marriage | Utah, South Carolina, New Hampshire, Alabama, Florida, Georgia, and Ohio. |
| Requirements for common-law marriage | Vary by state, but may include living together for a certain period, being of legal age and sound mind, having the capacity to marry, and publicly recognizing the marriage. |
| Divorce process | The same as for conventional marriages, including division of assets and property, spousal and child support, and child custody issues. |
| Recognition across states | States without common-law marriage must recognize it if the couple's relationship met the requirements in a state that recognizes it. |
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What You'll Learn
Common law marriage in the United 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 survives only in a few states. The term "common-law marriage" is often used colloquially to refer to cohabiting couples, regardless of their legal rights, which can create confusion regarding the legal rights of unmarried partners.
The origins of common-law marriage are uncertain, but it is argued to be the original form of marriage, where a couple resides together, presents themselves as a married couple, and otherwise behaves as a married couple. In the context of colonial America, the scarcity of clerics or civil officials may have necessitated this form of marriage.
As of 2022, common-law marriages are recognized in Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia. Utah, South Carolina, and New Hampshire have limited recognition of common-law marriage. Additionally, Alabama, Pennsylvania (if entered before September 2003), Ohio (if entered before October 1991), Idaho (if entered before 1996), and Georgia (if entered before 1997) also recognize common-law marriages under certain conditions.
Each state has its own requirements for a long-term relationship to qualify as a common-law marriage. These requirements typically include living together for a specified period, having the legal right to marry, intending to be married, and presenting themselves as a married couple to others. If a common-law marriage is recognized by a court, the couple must obtain a traditional divorce to separate.
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Common law marriage in Colorado
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 recognised in only a handful of U.S. states. Colorado is one of these states and has recognised common law marriage as legal and binding since 1877.
A common law marriage is established when the parties mutually consent to be husband and wife. Common law marriage does not require any license, ceremony or documentation to be legal. However, if the parties need documentation of a marriage, it is recommended that they file a signed, notarized affidavit, attesting to the marriage, with the County Clerk and Recorder in the county where they reside.
There are only two requirements for a common law marriage in Colorado: the parties are free to enter into a marriage, and neither is married to another person. Both parties must also be of legal age (18), and if either party is between the ages of 16 and 18, they must have obtained appropriate parental or guardian consent.
If a couple is common-law married, they are just as married as a couple who had a civil or religious ceremony with a marriage license. They have all the legal rights and duties of any married couple. To end the marriage, they need to file for divorce.
It is not possible to definitively say if someone is common law married without a court or agency decision, usually done as part of a divorce or probate case. The court will consider many types of evidence to determine if a common law marriage exists, including the couple's references to or labels for one another (e.g. calling each other husband/wife).
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Common law marriage in the District of Columbia
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 only recognised in a few places in the United States. The District of Columbia is one of the few states that authorise individuals to establish a common-law marriage.
To form a common-law marriage in the District of Columbia, you and your spouse must share a "'mutual and express agreement" to be married to each other. This agreement must be made in the present tense. You must also cohabit or live together. However, living together does not automatically mean that a common-law marriage exists. The couple must intend to be married to each other and act accordingly. The couple must also have the capacity to be married, meaning they must be old enough, not closely related, physically and mentally able to commit to marriage, and not already married to someone else. There is no minimum requirement for how long a couple must live together before a common-law marriage is established.
If a couple relocates to the District of Columbia after entering into a common-law marriage elsewhere, their marriage will be recognised by the courts. This is due to the full faith and credit clause of the United States Constitution, which requires all American states and the District of Columbia to recognise each other's marriages and give them full legal force and effect.
To prove a common-law marriage in the District of Columbia, direct or circumstantial evidence may be used, but the best evidence is the testimony of each of the parties. If a court determines that a common-law marriage is valid, the couple must obtain a traditional divorce to end the marriage.
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Common law marriage in Alabama
In the United States, common-law marriage is a form of irregular marriage that is currently recognised in only a few states, including Alabama. The term is often used to refer to cohabiting couples, regardless of their legal rights, which can cause confusion.
In Alabama, common-law marriage is recognised if the marriage began before 1 January 2017. After this date, couples seeking marriage must undergo a ceremony and provide the correct marriage documents to a probate court. Common-law marriages that began before 1 January 2017 are treated for all legal purposes as a regular marriage. To be considered a common-law marriage, both parties must be adults, of sound mind, and not already married.
To prove a common-law marriage, a judge will consider factors such as whether the couple lived together, referred to each other as husband and wife, and presented themselves to the world as a married couple. This could include taking on a partner's surname, having children together, and filing joint tax returns.
If a common-law marriage is recognised, it can only be ended by a formal divorce or the death of one of the spouses. This process is the same as for a traditional marriage and may involve issues such as the division of property and custody.
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Common law marriage in other countries
Common-law marriage, also known as sui juris marriage, informal marriage, or marriage by habit and repute, is a form of irregular marriage that is only recognised in a handful of states in the US. As of 2022, common-law marriages are recognised in Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia. Utah, South Carolina, and New Hampshire have limited recognition of common-law marriage.
In the US, common-law marriage is a legal framework in a limited number of jurisdictions where a couple is legally considered married without having formally registered their relationship through a civil or religious ceremony. While the requirements for a common-law marriage to be validly contracted differ from state to state, there are some general requirements. Both parties must be of legal age to marry and be considered of sound mind. They must live together for an amount of time specified by the state, and they must intend to have a marriage recognised by law.
In Colorado, the elements of a common-law marriage are holding themselves out as husband and wife, consenting to the marriage, cohabitation, and having the reputation in the community as being married. In the District of Columbia, a common-law marriage is established by the parties' explicit intent to be married and by their cohabitation. Iowa recognises common-law marriage through the parties' intent and agreement to be married, their continuous cohabitation, and their public declarations that they are husband and wife. Texas requires an agreement to be married, cohabitation within the state, and representation to others in the state that the parties are married.
While most countries do not recognise common-law marriage, some countries do have similar concepts. For example, in the United Kingdom, a couple who has lived together for a certain period of time may be considered to be in a "de facto marriage", which grants them similar rights to married couples in areas such as inheritance and taxation.
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Frequently asked questions
A common-law marriage is a legal framework in a limited number of jurisdictions where a couple is legally considered married without formally registering their relationship through a civil or religious ceremony.
As of 2022, seven states and the District of Columbia fully recognize common-law marriages. Two other states recognize domestic common-law marriages for limited purposes.
The following states fully recognize common-law marriages: Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia.
Utah, South Carolina, New Hampshire, Pennsylvania (if entered before 2005), Idaho (if entered before 1996), Georgia (if entered before 1997), and Ohio (if entered before 1991) have limited recognition of common-law marriages.
The requirements for a common-law marriage vary from state to state. Generally, both parties must be of legal age and sound mind, intend to be married, and live together for a specified period.
