Common law marriage is a legally recognized marriage that exists without a formal ceremony or marriage license — created by the couple's conduct and intent rather than a government-issued document. It is far more limited in the United States today than most people believe.
States That Recognize Common Law Marriage
As of 2025, only a small number of states recognize new common law marriages:
| State | Status | Requirements |
|---|---|---|
| Colorado | Active | Mutual agreement to be married + cohabitation + public representation as a married couple |
| Iowa | Active | Present intent to marry + cohabitation + public representation |
| Kansas | Active | Present agreement + cohabitation + public recognition |
| Montana | Active | Mutual consent + cohabitation |
| New Hampshire | Limited | Only for inheritance/probate purposes; not a full marriage |
| Oklahoma | Active | Mutual agreement + cohabitation + public representation |
| Rhode Island | Active | Serious intent + cohabitation |
| South Carolina | Active | Mutual intent + cohabitation + public representation |
| Texas | Active | Agreement to be married + cohabitation + public representation (can be registered) |
| Utah | Restricted | Must be established by court order; not automatic |
The following states abolished common law marriage but still recognize marriages that were validly established before abolition: Alabama (2017), Georgia (1997), Idaho (1996), Indiana (abolished), Ohio (1991), Pennsylvania (2005). A marriage validly entered before abolition remains valid — it doesn't disappear when the law changes.
What Common Law Marriage Requires
Despite the popular myth, simply living together for a certain number of years does not create a common law marriage. In states that recognize it, three elements are typically required:
- Mutual agreement or consent to be married — both parties must intend to be married, not just cohabiting
- Cohabitation — living together as a couple
- Public representation — holding yourselves out to the world as a married couple (using the same last name, referring to each other as husband/wife/spouse, filing joint taxes)
There is no minimum time requirement in any state. A couple could theoretically establish a common law marriage in a short time if all elements are present.
How Common Law Marriage Ends
A common law marriage is legally identical to a ceremonial marriage in states that recognize it. It can only end through divorce — the same process as any other marriage. Simply separating or moving out does not end a common law marriage. This is one of the most misunderstood aspects of the institution.
Proving a Common Law Marriage
When a common law marriage is disputed — in divorce proceedings, inheritance claims, or benefit eligibility — the party claiming the marriage must prove it with evidence. Courts look at:
- Joint bank accounts and financial records
- Tax returns filed as married filing jointly
- Insurance policies listing the other as spouse
- Testimony from friends, family, and community members
- Any written agreements or statements referencing the marriage
The Texas Registered Informal Marriage
Texas uniquely allows couples to register their common law marriage at the county clerk's office through a "Declaration and Registration of Informal Marriage." This creates a written record that avoids future proof problems. The fee is typically $36–$40. This is optional — unregistered common law marriages are still valid in Texas if the elements are present.
Frequently Asked Questions
No. California does not recognize common law marriage. No matter how long you cohabit in California, you are not legally married without a license and ceremony. California does recognize domestic partnerships, which provide some (but not all) of the same rights.
Yes. Under the Full Faith and Credit Clause, states must recognize marriages validly established in other states. A common law marriage validly created in Texas (or another common law state) will be recognized in New York and all other states. This is legally settled.
Yes — in states that recognize common law marriage, it is available to same-sex couples on the same terms as opposite-sex couples, following the Obergefell v. Hodges ruling. Texas, Colorado, and the other active common law marriage states apply their rules equally to all couples.
Common Law Marriage and Property Rights
One of the most consequential practical aspects of common law marriage is how it affects property ownership and inheritance. In states that recognize common law marriage, a validly established common law spouse has the same property rights as a ceremonially married spouse — including intestate inheritance rights (inheriting when there is no will), the right to contest a will, community property rights in community property states, and the right to elect against a will.
This is a double-edged sword. If you are in a long-term cohabiting relationship in Colorado, Texas, or another common law state and do not intend to be legally married, you should understand that your conduct may have inadvertently created a legal marriage — and the property consequences that come with it. Conversely, if you do intend to be married and rely on common law marriage, the same property protections apply to you as to a couple with a marriage certificate.
Common Law Marriage and Health Insurance
Whether a common law spouse qualifies for employer-sponsored health insurance as a dependent varies by employer. Federal law does not require employers to extend benefits to common law spouses. Many employers do extend benefits but require documentation — typically a signed affidavit or declaration of common law marriage, which in Texas can be the county-registered Declaration of Informal Marriage.
For federal government employees and military benefits, common law marriages are generally recognized if valid under the law of the state where the marriage was established. The Defense Finance and Accounting Service (DFAS) and the Office of Personnel Management (OPM) have specific procedures for establishing common law marriage for benefits purposes.
How to Formally Document a Common Law Marriage
In states that recognize common law marriage, there is no required formal documentation — the marriage exists based on conduct. However, having documentation is strongly advisable for practical reasons:
- Texas Declaration of Informal Marriage: File with your county clerk for a fee of approximately $36–$40. Creates an official public record. Provides an unambiguous starting date for the marriage.
- Affidavit of Common Law Marriage: A signed, notarized document in which both parties declare their intent to be married and affirm the elements of common law marriage in their state. Not an official government filing, but useful evidence in disputes.
- Consistent public documentation: Filing joint tax returns, naming each other as beneficiary on life insurance, and using the same last name all constitute evidence of a common law marriage if the relationship is ever contested.