Common Law Marriage

Written by: Avvo Staff

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A common law marriage is a marriage between a man and a woman that occurs without a marriage license or ceremony. For a common law marriage to be legal, a couple must live together and present themselves as husband and wife. Common law marriage is permitted in a minority of states.

Facts about common law marriages

Contrary to popular belief, a man and woman who live together for a certain length of time are not common law married. They must intend to be married and publically act as if they were married by filing a joint tax return, calling each other "husband" and "wife" and/or using the same last name. Specific requirements for common law marriage vary from state to state.

The states that permit common law marriages are Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa, Montana, Oklahoma, Texas, and the District of Columbia. Georgia, Idaho, Ohio, Oklahoma, and Pennsylvania permit common law marriage if the marriage was formed prior to a specific date. Washington state also permits the just and equitable distribution of property for couples who are living together but are not married.

Common law marriages established in states where these marriages are legal are considered valid in most other states, regardless of whether the state permits common law marriage.

Common law marriage and divorce

Common law marriage gives couples the same rights and obligations as traditional marriage, including those that deal with ending the relationship. Couples who are common law married must get a court-ordered divorce to dissolve their marriage. Since the legal responsibilities of common law marriage may be confusing, a lawyer may be helpful if you are filing for divorce from a common law marriage.

If you seek a common law marriage

You must reside in a state that permits common law marriage to legally obtain one. You and your partner must be free to marry and may not already be married to a living spouse. You and your partner must live together, intend to be married, represent yourselves as a married couple, and abide by your state's common law marriage rules.

If you live together with your partner in a common law state and do not intend to marry, it may be wise to have a signed agreement stating your wishes.