As of 2026, eight states—Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas, and Utah—have a current path for recognizing a new common law marriage. The District of Columbia also recognizes common law marriage. Utah generally requires a court or administrative determination, while New Hampshire has a narrow rule that applies after one partner dies rather than a general way to become married during both partners’ lifetimes.
Many other states do not create common law marriages but may recognize one that was validly formed elsewhere. Several states also continue to honor qualifying relationships created before a statutory or court-imposed cutoff date.
Common Law Marriage States at a Glance
How Many States Recognize Common Law Marriage?
Eight states currently recognize new common law marriages or provide a legal process for establishing one, and the District of Columbia also recognizes them. That count requires an important qualification: Utah uses a statutory recognition process, and New Hampshire’s rule is limited to certain cases after one partner’s death.
Key Takeaway
The clearest national answer is eight states plus Washington, D.C. Do not count South Carolina as a state that still creates new common law marriages; its supreme court ended prospective formation on July 24, 2019.
Which States Still Allow Common Law Marriage?
The following jurisdictions currently recognize a new common law marriage or provide a present-day process to establish one. Meeting one state’s rules does not automatically mean a couple meets another state’s rules.
Colorado
Yes
Mutual intent and conduct showing the couple agreed to enter a marital relationship; both must be legally eligible to marry.
Iowa
Yes
Present intent and agreement to be married, continuous cohabitation, and public declaration or reputation as spouses.
Kansas
Yes
Capacity to marry, a present marriage agreement, and public recognition of the relationship as a marriage.
Montana
Yes
Capacity, mutual consent and agreement, cohabitation, and public reputation as a married couple.
Oklahoma
Yes
An actual mutual agreement, a permanent and exclusive relationship, cohabitation, and public representation as spouses.
Rhode Island
Yes
Clear and convincing evidence that the couple seriously intended to enter a marital relationship and behaved consistently with that intent.
Texas
Yes
Agreement to be married, living together in Texas as spouses, and representing to others that the couple is married.
Utah
Court recognition
A court or administrative order may recognize the relationship if statutory requirements are met; a proceeding generally must begin during the relationship or within one year after it ends.
District of Columbia
Yes
Cohabitation following an express mutual agreement, in words of the present tense, to be married.
What Are the Requirements for a Common Law Marriage?
Most recognizing jurisdictions look for legal capacity, mutual present intent to be married, and conduct showing that the couple treated the relationship as a marriage. The exact combination and standard of proof differ.
1
Both Partners Can Legally Marry
Neither partner can already be married to someone else, the relationship cannot be prohibited, and age or capacity requirements must be satisfied.
2
There Is a Present Agreement
The partners intend to be married now—not merely engaged, planning a future wedding, or casually describing a committed relationship.
3
The Couple Acts Consistently With Marriage
Depending on the state, evidence may include cohabitation, shared finances, joint documents, and representing the relationship publicly as a marriage.
4
The Evidence Meets the State Standard
A court may require clear and convincing evidence or another state-specific burden of proof, especially when one partner denies the marriage.
Using the same last name, owning a home together, having children, or sharing bank accounts can support a claim, but none of those facts automatically creates a marriage by itself.
Common Law Marriage Laws by State
This directory separates states that currently create common law marriages from states with limited or grandfathered recognition. “No” means the state does not create a new common law marriage based on conduct within that state; it does not necessarily mean the state will reject a valid marriage formed elsewhere.
| State | Current Status | What That Means |
|---|---|---|
| Alabama | Legacy only | No new common law marriages after January 1, 2017. |
| Alaska | Legacy only | No new common law marriages after December 31, 1963. |
| Arizona | No | Does not create common law marriages. |
| Arkansas | No | Does not create common law marriages. |
| California | No | Does not create common law marriages; generally recognizes a valid marriage formed elsewhere. |
| Colorado | Yes | Recognizes new common law marriages. |
| Connecticut | No | Does not create common law marriages. |
| Delaware | No | Does not create common law marriages. |
| Florida | Legacy only | Recognizes qualifying relationships formed before January 2, 1968. |
| Georgia | Legacy only | Recognizes qualifying relationships formed before January 1, 1997. |
| Hawaii | No | Does not create common law marriages. |
| Idaho | Legacy only | Recognizes qualifying relationships formed before January 1, 1996. |
| Illinois | No | Does not create common law marriages. |
| Indiana | Legacy only | Recognizes qualifying relationships formed before January 1, 1958. |
| Iowa | Yes | Recognizes new common law marriages. |
| Kansas | Yes | Recognizes new common law marriages. |
| Kentucky | No | Does not create common law marriages. |
| Louisiana | No | Does not create common law marriages. |
| Maine | No | Does not create common law marriages. |
| Maryland | No | Does not create common law marriages. |
| Massachusetts | No | Does not create common law marriages. |
| Michigan | Legacy only | Recognizes qualifying relationships formed before January 1, 1957. |
| Minnesota | Legacy only | Recognizes qualifying relationships formed before April 27, 1941. |
| Mississippi | Legacy only | Recognizes qualifying relationships formed before April 5, 1956. |
| Missouri | No | Does not create common law marriages. |
| Montana | Yes | Recognizes new common law marriages. |
| Nebraska | No | Does not create common law marriages. |
| Nevada | Legacy only | Recognizes qualifying relationships formed before March 29, 1943. |
| New Hampshire | Limited | May deem a couple married after one partner dies when statutory cohabitation and reputation requirements are met; it is not a general way to create a living common law marriage. |
| New Jersey | Legacy only | Recognizes qualifying relationships formed before December 1, 1939. |
| New Mexico | No | Does not create common law marriages. |
| New York | Legacy only | Does not create new common law marriages; limited historical recognition may apply. |
| North Carolina | No | Does not create common law marriages. |
| North Dakota | No | Does not create common law marriages. |
| Ohio | Legacy only | Recognizes qualifying relationships formed before October 10, 1991. |
| Oklahoma | Yes | Recognizes new common law marriages under case law. |
| Oregon | No | Does not create common law marriages. |
| Pennsylvania | Legacy only | Recognizes qualifying relationships formed on or before January 1, 2005. |
| Rhode Island | Yes | Recognizes new common law marriages. |
| South Carolina | Legacy only | Recognizes qualifying relationships formed before July 24, 2019. |
| South Dakota | No | Does not create common law marriages. |
| Tennessee | No | Does not create common law marriages; narrow inheritance doctrines may arise in unusual cases. |
| Texas | Yes | Recognizes informal marriage. |
| Utah | Court recognition | A qualifying relationship may be recognized through a timely court or administrative proceeding. |
| Vermont | No | Does not create common law marriages. |
| Virginia | No | Does not create common law marriages. |
| Washington | No | Does not create common law marriages; committed intimate relationship rules may affect property rights. |
| West Virginia | No | Does not create common law marriages. |
| Wisconsin | Legacy only | Does not create new common law marriages; historical relationships may qualify. |
| Wyoming | No | Does not create common law marriages. |
Source framework: Social Security Administration state-law guidance, state statutes and court decisions. Laws and interpretations can change; verify the rule that applies when and where the alleged marriage was formed.
Which States Recognize Older Common Law Marriages?
Some states abolished common law marriage prospectively but preserved qualifying relationships formed before a cutoff date. These are often called grandfathered or legacy common law marriages.
| State | Potentially Recognized If Formed |
|---|---|
| Alabama | Before January 1, 2017 |
| Alaska | Through December 31, 1963 |
| Florida | Before January 2, 1968 |
| Georgia | Before January 1, 1997 |
| Idaho | Before January 1, 1996 |
| Indiana | Before January 1, 1958 |
| Michigan | Before January 1, 1957 |
| Minnesota | Before April 27, 1941 |
| Mississippi | Before April 5, 1956 |
| Nevada | Before March 29, 1943 |
| New Jersey | Before December 1, 1939 |
| New York | Generally before April 29, 1933, subject to historical periods and exceptions |
| Ohio | Before October 10, 1991 |
| Pennsylvania | On or before January 1, 2005 |
| South Carolina | Before July 24, 2019 |
| Wisconsin | Before 1918 |
Why the date matters
A couple who began living together before a cutoff is not automatically married. They must still prove that the relationship met the legal elements in effect before the state ended new common law marriages.
Creating a Common Law Marriage vs. Recognizing One From Another State
“Creation” asks whether a couple became married under the law of the place where the relationship was formed. “Recognition” asks whether another state will honor that already-valid marriage after the couple moves or a dispute arises.
Creation
A California couple cannot become common law married merely by living together in California because California does not create that status.
Recognition
A couple who validly formed an informal marriage while living in Texas may still be treated as married after moving to California.
Recognition is generally based on the rule that a marriage valid where entered into remains valid elsewhere, but exceptions and conflict-of-law questions can arise. A short trip to a recognizing state usually does not transform residents of a nonrecognizing state into spouses.
Learn more about common law marriage in California and relationship rights in Washington.
Does the Federal Government Recognize Common Law Marriage?
There is no separate federal common law marriage. Federal programs typically begin by asking whether the couple has a valid marriage under applicable state or territorial law.
Federal Taxes
The IRS generally treats two people as married when their marriage is recognized by the U.S. state, territory, or possession where it was entered into. A valid common law marriage can therefore affect filing status.
Social Security
The Social Security Administration may request statements, records, and state-law evidence to determine whether a common law marriage existed for spouse or survivor benefits.
Immigration
USCIS can recognize a common law marriage when it was valid under the law of the jurisdiction where it was established and otherwise satisfies immigration requirements.
Military and Other Benefits
Benefit administrators may require proof that the relationship is a legally valid marriage, not simply long-term cohabitation or a domestic partnership.
How Do You Prove a Common Law Marriage?
Because there may be no marriage license or ceremony record, proof often comes from the couple’s words, documents, finances, and public conduct. The strongest cases usually rely on multiple consistent forms of evidence.
Evidence That May Matter
- Testimony or written statements showing a mutual present agreement to be married
- Joint federal or state tax returns filed as married
- Insurance, retirement, or employment records identifying a spouse
- Joint leases, deeds, mortgages, bank accounts, or credit accounts
- Beneficiary and emergency-contact designations
- Introductions, social media posts, cards, and correspondence referring to each other as spouses
- Affidavits or testimony from relatives, friends, coworkers, or neighbors
- A Texas Declaration of Informal Marriage or a court or administrative determination where available
Evidence can cut both ways. Documents calling the partners “single,” separate tax returns, cohabitation agreements disclaiming marriage, or inconsistent public statements may be used to challenge the claim.
What Rights and Responsibilities Come With Common Law Marriage?
A valid common law marriage is a marriage—not a lesser form of relationship. Once established, it can carry the same basic legal consequences as a licensed or ceremonial marriage.
Divorce and Property Division
A valid marriage generally must be ended through divorce. Courts may classify and divide marital property under state law.
Spousal Support
A spouse may request maintenance or alimony, although proving the marriage does not guarantee an award.
Inheritance and Probate
A surviving spouse may have intestacy, elective-share, homestead, or other probate rights, but may first need to prove the marriage.
Benefits and Taxes
Marital status can affect tax filings, insurance, retirement benefits, Social Security, and other programs.
Bottom line
A valid common law marriage does not end when the couple separates. A divorce or other formal legal process is generally required.
Common Law Marriage Myths vs. Reality
| Myth | Reality |
|---|---|
| Living together for seven years makes you married. | No state uses a universal seven-year rule. |
| Having children together creates a marriage. | Parentage and marital status are separate legal questions. |
| Using the same last name proves marriage. | It may be evidence, but it is not conclusive. |
| You can end a common law marriage by moving out. | A valid marriage generally requires divorce or annulment. |
| A state that bans common law marriage will never recognize one. | Many states recognize a marriage validly formed elsewhere. |
| Domestic partnership and common law marriage are the same. | They are separate legal statuses with different formation rules and rights. |
Could You Already Be Common Law Married?
A “yes” to several of these questions does not prove a marriage, but it can show why a closer legal review may be useful.
- Did you live together in a state that recognizes common law marriage?
- Were you both legally free and eligible to marry?
- Did you both agree that you were married at that time?
- Did you identify each other as spouses to family, employers, insurers, lenders, or government agencies?
- Did you file taxes, purchase property, or obtain benefits as a married couple?
- Are you now separating, moving states, handling an estate, or applying for benefits?
Frequently Asked Questions About Common Law Marriage States
How many states recognize common law marriage in 2026?
Eight states—Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas, and Utah—have a current path for recognizing a new common law marriage, although Utah generally requires a court or administrative determination. The District of Columbia also recognizes common law marriage. New Hampshire has a narrow post-death rule rather than general recognition during both partners’ lifetimes.
What states still allow common law marriage?
Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas, and Utah currently recognize or provide a process to establish a new common law marriage. The District of Columbia also recognizes it. Requirements vary substantially.
Is there a federal common law marriage?
No. Federal law does not independently create common law marriages. Federal agencies generally look to whether the relationship is a valid marriage under the law that applies to where it was formed or under the agency’s governing rules.
Does living together for seven years make you married?
No. There is no universal seven-year rule. Length of cohabitation alone does not create a common law marriage in any state.
Can you be common law married without knowing it?
A dispute can arise when one partner believes the couple agreed to be married and the other disagrees. Courts examine intent, statements, documents, conduct, and state-specific requirements. Cohabitation alone is not enough.
Does California recognize common law marriage?
California does not allow couples to create a new common law marriage within the state. It may recognize a valid common law marriage formed in another jurisdiction.
Does Colorado recognize common law marriage?
Yes. Colorado recognizes common law marriage when legally eligible partners mutually intend to enter a marital relationship and their conduct supports that intent.
Does Texas recognize common law marriage?
Yes. Texas calls it an informal marriage. The couple must agree to be married, live together in Texas as spouses after the agreement, and represent to others that they are married.
Does Washington recognize common law marriage?
No. Washington does not create common law marriages, although its committed intimate relationship doctrine may affect property division for some unmarried couples.
Does Georgia recognize common law marriage?
Georgia does not allow new common law marriages formed on or after January 1, 1997. A qualifying relationship formed before that date may still be valid.
Does Mississippi recognize common law marriage?
Mississippi does not allow new common law marriages. It recognizes qualifying historical relationships formed before April 5, 1956 and may recognize a valid marriage formed elsewhere.
Will another state recognize my common law marriage?
A marriage that was validly created under the law of one jurisdiction is generally recognized after the couple moves, but conflict-of-law rules and public-policy exceptions can make individual cases more complicated.
How do you prove a common law marriage?
Evidence can include testimony about a present agreement to marry, joint tax filings, insurance and benefit records, leases or deeds, beneficiary designations, introductions as spouses, shared surnames, and statements from friends or relatives. The required proof varies by state.
Can a common law marriage end by separation?
No. Once a valid common law marriage exists, simply moving apart does not end it. The spouses generally need a divorce or annulment, just as spouses in a ceremonial marriage do.
Can common law spouses get alimony?
A person who proves a valid common law marriage may seek spousal support under the same state-law framework that applies to other married spouses. Eligibility and amount are separate questions.
Do common law spouses have inheritance rights?
A proven common law spouse may have inheritance rights, but lack of a marriage certificate can make probate disputes difficult. New Hampshire’s limited doctrine is specifically tied to death and inheritance-related recognition.
Can same-sex couples have a common law marriage?
Yes, where common law marriage is otherwise available. The same state-law elements apply, with dates and retroactivity sometimes requiring legal analysis.
Can you file taxes jointly in a common law marriage?
A couple whose common law marriage is valid where entered into is generally treated as married for federal tax purposes. Couples should not file jointly merely because they live together.
Is a domestic partnership the same as common law marriage?
No. Domestic partnerships, civil unions, and common law marriages are different legal statuses created under different rules.
Do we need a lawyer to establish or end a common law marriage?
Not every matter requires counsel, but legal guidance can be especially valuable when intent is disputed, substantial property or support is at stake, a partner has died, the couple has moved between states, or a deadline applies.
Official and Legal Sources
- Social Security Administration: State Laws on Common Law Marriage
- Texas State Law Library: Informal Marriage
- IRS: Federal Tax Recognition of Marriage
- Social Security Evidence of Common Law Marriage
- USCIS Policy Manual: Marriage and Marital Union
This resource summarizes general rules as of July 22, 2026. State statutes, appellate decisions, agency policies, and the facts of an individual relationship can change the analysis.
