A common-law marriage is a legally valid marriage without a license or ceremony, but only in places that recognize it. Living together for a long time does not automatically create one.
Typical requirements
- Both partners are legally able to marry.
- They agree to be married now, not in the future.
- They live together as spouses.
- They present themselves publicly as married.
Where it applies
Only a few jurisdictions allow people to create new common-law marriages, including Colorado, Iowa, Kansas, Montana, Rhode Island, Texas, Utah and the District of Columbia. Some other states recognize common-law marriages that began elsewhere. Rules and details change, so confirm current law for your state.
Why it matters
- A common-law spouse needs a divorce to end the marriage.
- Inheritance, property and spousal support rights may apply.
- Benefits such as health insurance and Social Security survivor benefits may be affected.
- Taxes and filing status may change.
Proving or avoiding it
- Keep documents showing how you presented yourselves, such as joint tax returns, leases and insurance.
- If you do not want a common-law marriage, avoid referring to each other as spouses and consider a written cohabitation agreement.
- If you need to prove one exists, collect witness statements and records.
- Consult a family law attorney.
Frequently asked questions
Is there a minimum time to live together?
No set number of years. It is about agreement and conduct.
Does moving to another state end it?
A valid common-law marriage is generally recognized in other states.