Common Law Marriage States

Many people believe that if you live together long enough, you’re automatically married. While there’s some truth to this idea, it’s not universally applicable. The legal recognition of common law marriage depends heavily on where you live. Understanding which states recognize common law marriage and under what conditions is imperative, especially if you’re navigating a separation, seeking spousal rights, or facing a legal dispute. If you’re unsure of your relationship status or how it could affect your rights, working with a skilled family law attorney can provide the clarity you need.

At Modern Family Law, we help clients across the country resolve complex family matters, including those involving common law marriage. Here’s a breakdown of how common law marriage works, which states recognize it, and what you can do to protect your rights.

What Is Common Law Marriage

A common law marriage is a legally recognized union between two people who live together and present themselves as a married couple without having gone through a formal ceremony or obtained a marriage license. While it may sound informal, common law marriage can carry many of the same legal rights and obligations as traditional marriage, especially when it comes to property division, inheritance, and spousal support.

However, there’s a catch: not all states allow or recognize common law marriage, and those that do often have specific requirements that must be met.

Requirements For Common Law Marriage

As of 2025, only a handful of states actively recognize common law marriages that are entered into within their borders. These states typically require some combination of the following:

» Both partners must be legally eligible to marry (e.g., not currently married to someone else).

» The couple must live together for a certain period (though the time frame is often unspecified).

» The partners must intend to be married.

» They must present themselves publicly as a married couple (e.g., using the same last name, filing joint tax returns, and referring to each other as spouses).

States That Recognize Common Law Marriage

These states recognize common law marriages created within their jurisdiction:

• Colorado
• Iowa
• Kansas
• Montana
• Oklahoma (though legal clarity is shifting—consult a family law lawyer)
• Rhode Island
• South Carolina
• Texas
• Utah (by court petition)
• District of Columbia

States That Recognize Out-of-State Common Law Marriages

Some states do not allow new common law marriages but will recognize them if they were validly established in a state that does. This recognition follows the “Full Faith and Credit Clause” of the U.S. Constitution, which requires states to respect the laws and legal judgments of other states.

For example, if you entered into a valid common law marriage in Texas and later moved to California, a state that does not recognize common law marriage, California may still treat you as married for legal purposes.

States That Never Recognized Common Law Marriage

Several states have never permitted common law marriage and will not recognize it, even if a couple claims to meet the requirements. These include:

• Arkansas
• Delaware
• Mississippi
• North Carolina
• South Dakota

If you reside in one of these states, you must go through the formal process of obtaining a marriage license to be legally married.

States That Abolished Common Law Marriage

Several states once permitted common law marriage but have since abolished the practice. However, they may still recognize unions established before the cutoff date. Some examples include:

• Alabama (abolished in 2017)
• Georgia (abolished in 1997)
• Idaho (abolished in 1996)
• Indiana (abolished in 1958)
• Ohio (abolished in 1991)
• Pennsylvania (abolished in 2005)

If you believe you were in a common law marriage that began before your state’s abolishment date, you may still be entitled to legal recognition, but you’ll likely need legal help to prove it.

Legal Implications Of Common Law Marriage

The recognition of a common law marriage can significantly impact your legal rights. Here are a few examples:

Property Division

In a recognized common law marriage, both parties have rights to marital property. If you separate, you may be entitled to an equitable distribution of assets even if there’s no legal divorce proceeding on file. However, this can be challenging and contentious without the documentation that a formal marriage provides.

Spousal Support

Just like in a traditional marriage, courts may award spousal support (alimony) in common-law marriage cases. Whether or not support is granted often depends on the length of the relationship and each party’s financial circumstances.

Inheritance Rights

A surviving common law spouse may be entitled to inherit from their deceased partner, especially if the deceased did not leave a will. Proving the existence of the marriage may be necessary before any inheritance can be granted.

Health Care and End-of-Life Decisions

In states that recognize common law marriage, you may have rights related to medical decision-making and hospital visitation rights typically reserved for legally married spouses.

Proving A Common Law Marriage

Unlike a traditional marriage, common law marriage doesn’t come with a certificate or license. This makes proving its existence more challenging. Courts may look at various types of evidence to determine whether a common law marriage existed, including:

• Joint bank accounts or shared finances
• Joint tax returns
• Property deeds in both names
• Testimony from friends or family confirming the couple’s marital intentions
• Insurance policies naming each other as beneficiaries
• Statements made to third parties referring to each other as spouses

The burden of proof often lies with the person seeking legal recognition of the marriage. As such, it’s critical to speak with a family law attorney from our firm if you’re in this situation.

Common Law Marriage & Divorce

One of the most misunderstood aspects of common law marriage is how it ends. Just like a traditional marriage, a common law marriage must be legally dissolved through divorce if it’s recognized by the court. Simply separating or ending the relationship isn’t enough to terminate the legal bond.

Without a formal divorce, you may find yourself legally married in the eyes of the law, potentially liable for debts, property claims, or spousal support. Our experienced family law lawyers can guide you through the divorce process and protect your interests.

Do You Need A Family Lawyer For A Common Law Marriage?

If you’re uncertain whether your relationship qualifies as a common law marriage or if you’re going through a breakup, inheritance, or legal dispute, it’s important to consult a knowledgeable family law attorney from our firm as soon as possible. These cases can be emotionally charged and legally complicated. Your family law lawyer can:

• Help determine if a valid common law marriage exists
• Represent you in divorce or property disputes
• Protect your parental or financial rights
• Ensure you receive the support and resources you’re entitled to

Even if your state doesn’t recognize common law marriage, the legal consequences of your relationship could still affect your future. Don’t leave your rights to chance.

Conclusion

Common law marriage laws vary widely by state, and the legal consequences can be just as serious as those in a traditional marriage. Whether you’re looking to establish your rights, divide property, or seek support, a trusted legal advocate can make all the difference.

If you have questions about your relationship status or need help protecting your legal rights, don’t wait. Please contact us at Modern Family Law today.