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What Is Common Law Marriage?

Federal & State Law Editorial TeamLast reviewed: 2025-10-01

Common law marriage is a marriage that is legally recognized even though the couple never obtained a marriage license or had a formal ceremony.

States that recognize common law marriage (as of this writing): Colorado, Iowa, Kansas, Montana, New Hampshire (for inheritance only), Oklahoma, Rhode Island, South Carolina, Texas, Utah, and the District of Columbia. Some states recognize common law marriages established before a certain date.

Requirements (vary by state but generally include):

  • Both parties are of legal age and mental capacity.
  • Both parties mutually agree to be married.
  • The couple cohabitates (lives together).
  • The couple holds themselves out publicly as married (using the same last name, referring to each other as spouses, filing joint tax returns).

    • What does NOT create a common law marriage:

  • Simply living together for a long time.
  • Having children together.
  • Sharing finances.

    • Legal effects. A valid common law marriage carries the same legal rights and obligations as a ceremonial marriage, including property rights, inheritance, spousal support, and the requirement for a formal divorce to end it.

    Interstate recognition. Under the Full Faith and Credit Clause, a common law marriage validly created in one state is generally recognized by other states, even states that do not allow common law marriages to be formed within their borders.

    Dissolution. You must obtain a legal divorce to end a common law marriage, just as with any other marriage.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You need to prove the existence of a common law marriage
    • You are dissolving a common law marriage
    • You need to know whether your state recognizes common law marriage
    Related Statutes & Laws
    • State marriage statutes
    • Full Faith and Credit Clause
    Related Guides

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.