Which States Recognize Common Law Marriage?

If you’re considering entering into a common law marriage, it’s important to know which states recognize this type of relationship. Read on to learn more.

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What is common law marriage?

While the institution of marriage is fairly well-defined, common law marriage is a bit more of a gray area. In short, common law marriage is a marriage that is not officiated by a religious or civil institution, but is instead based on the couple’s mutual agreement to be married. Couples in a common law marriage have the same legal rights and responsibilities as couples in a traditional marriage.

So, which states recognize common law marriages? Unfortunately, the answer is not so simple. While there are a handful of states that explicitly recognize common law marriages, many other states do not have any clear laws on the matter. This lack of clarity can often lead to confusion and disagreements, so it’s always best to err on the side of caution and consult with an attorney if you’re unsure.

Here is a list of states that explicitly recognize common law marriages:

-Alabama
-Colorado
-District of Columbia
-Georgia (if created before 1/1/97)
-Idaho (if created before 1/1/96)
-Iowa
-Kansas
-Montana
-New Hampshire (for inherited property rights only)
-Oklahoma
-Pennsylvania
-Rhode Island
-South Carolina
-Texas
-Utah

What states recognize common law marriage?

While common law marriage is not recognized in every state, there are a number of states that do allow for couples to be considered married without having gone through a formal ceremony or obtained a marriage license. In order to be considered married under common law, generally, the couple must live together for a certain period of time (which varies by state), and they must present themselves to the world as a married couple.

In states that recognize common law marriage, the couple will generally have the same rights and responsibilities as any other married couple in that state. This includes the right to file taxes jointly, the right to make medical decisions for each other, and the responsibility to support each other financially. In some states, couples who have been in a common law marriage for a certain period of time (again, this varies by state) may also have the right to divorce each other.

Common law marriages are currently recognized in Alabama, Colorado, Iowa, Kansas, Montana, New Hampshire, Rhode Island, South Carolina, Texas, Utah, and the District of Columbia. It’s important to note that while common law marriages entered into in these states will generally be recognized by other states across the country (via the Full Faith and Credit Clause of the Constitution), there are some exceptions. For example, if a couple enters into a common law marriage in Montana but then moves to Florida (which does not recognize common law marriages), they will not be considered married in Florida.

If you’re considering entering into a common law marriage or if you’re already in one and are thinking about moving to another state, it’s important to speak with an attorney beforehand to ensure that your rights will continue to be protected.

The history of common law marriage

The history of common law marriage in the United States dates back to the colonial days. At that time, many of the colonists were from England and brought with them the English common law. Under this system, a man and woman could be considered married if they lived together for a certain period of time and held themselves out as husband and wife.

The first state to recognize common law marriage was Massachusetts, in 1692. Since then, a number of other states have followed suit. Currently, there are 10 states that recognize common law marriage: Alabama, Colorado, District of Columbia, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, and South Carolina.

However, it should be noted that these states have different requirements for what constitutes a common law marriage. For example, in Colorado, a couple must live together for at least one year before they are considered married under common law. In Oklahoma, on the other hand, the couple must only live together for 10 days.

In addition to these requirements, the couple must also demonstrate that they hold themselves out as husband and wife. This can be done by engaging in joint financial activities such as opening joint bank accounts or filing tax returns together.

It should also be noted that common law marriages entered into in these 10 states will be recognized by all other states in the Union. So if you enter into a common law marriage in Kansas, for example, it will be considered valid even if you move to another state that does not recognize this type of marriage.

The benefits of common law marriage

Although common law marriage is not recognized in every state, there are many benefits to this type of arrangement. Common law marriage allows couples to avoid the delay and expense of a formal wedding ceremony, and it also provides them with many of the same legal protections as traditional marriages.

Common law marriages are recognized in a handful of states, including Alabama, Colorado, District of Columbia, Georgia, Idaho, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas and Utah. In some states, common law marriages are only recognized if they were established before a certain date.

Couples who choose to enter into a common law marriage should be aware that they may have difficulty proving their relationship if they ever need to do so in court. For this reason, it is important for couples to keep records of their co-habitation and shared expenses. These records can help to establish the existence of a common law marriage if it is ever called into question.

The requirements of common law marriage

Common law marriage is not recognized in every state, but it is recognized in a number of states. In order to be considered married under common law, both partners must meet certain requirements. These requirements vary from state to state, but they generally involve living together for a certain period of time and holding themselves out as a married couple.

A common law marriage has the same legal status as a traditional marriage, and it confers the same rights and benefits. In most states, a common law marriage will be automatically dissolved if one of the partners dies or if the couple gets divorced. However, in some states, a common law marriage may continue even after one of the partners dies.

There are a number of reasons why couples may choose to enter into a common law marriage instead of getting formally married. In some cases, couples may want to avoid the hassle or expense of getting a formal marriage license. In other cases, couples may want to maintain their single status for tax purposes or for other reasons.

How to end a common law marriage

Different states have different laws regarding common law marriage, and as a result, the process for ending a common law marriage can vary depending on where you live. In some states, common law marriages are automatically dissolved when one of the partners dies or when the couple divorces. However, in other states, common law marriages can only be ended through a legal process known as annulment.

If you want to end your common law marriage, the first step is to determine whether your state recognizes common law marriages. If it does, then you’ll need to follow the procedures for ending a common law marriage that are set forth by your state. In some cases, this may simply involve filing for divorce or dissolution of marriage; in others, you may need to go through an annulment process. Either way, it’s important to make sure that you follow the proper procedures for ending your common law marriage so that it is legally recognized as ended.

The drawbacks of common law marriage

There are a few drawbacks to common law marriage that you should be aware of before making the decision to enter into this type of relationship. First, common law marriage is not recognized in every state. This can create complications if you move to a state that does not recognize common law marriage and then attempt to dissolve the relationship. Secondly, common law marriages can be difficult to prove, since there is no official record of the relationship. This can make it difficult to access benefits or property rights that might be available to married couples. Finally, common law marriages do not typically offer the same legal protections as traditional marriages, which can leave both partners vulnerable in the event of divorce or death.

Common law marriage vs. civil marriage

There are two types of marriage recognized in the United States: common law marriage and civil marriage. Common law marriage is a marriage that is not valid in all states, while civil marriage is a marriage that is valid in all states.

Common law marriages are only recognized in certain states, and even then, only if the couple meets certain requirements. For example, common law marriages are only recognized in Alabama, Colorado, District of Columbia, Georgia, Idaho, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas and Utah. In addition, the couple must live together for a certain period of time (usually at least a year), and they must present themselves to friends and family as a married couple.

Civil marriages are marriages that are valid in all states. A civil marriage can be performed by a judge or magistrate, or by an officiant who has been authorized by the state to perform marriages. Civil marriages are generally less expensive than religious weddings, and they do not require the couple to have any particular religious beliefs.

Common law marriage vs. domestic partnership

When two people live together for a certain period of time, they may develop what’s known as a common law marriage. This type of marriage isn’t entered into through a formal ceremony, but rather it’s created through cohabitation and the mutual assumption of marital rights and duties. If a common law marriage exists, it’s treated the same as a formal marriage by the law. That means that if the relationship ends, the couple must go through divorce proceedings just like any other married couple.

Not all states recognize common law marriages, however. In fact, only about half of states currently do. Some states stopped recognizing common law marriages many years ago, while others have only recently stopped honoring them. Meanwhile, a handful of states continue to allow couples to enter into this type of marriage.

The map below shows which states currently recognize common law marriage (shown in green) and which don’t (shown in red). Note that Alaska, Arizona, California, Colorado, District of Columbia, Florida, Hawaii, Idaho, Indiana*, Iowa*, Kansas*, Montana*, New Hampshire*, Ohio*, Oklahoma*, Pennsylvania*, Rhode Island*, South Carolina*, Utah* and Washington never recognized common law marriage and still don’t. On the other hand, Arkansas stopped recognizing new common law marriages as of Jan. 1 2017 but still honors ones that were created before that date. Illinois also recently stopped recognizing new common law marriages as of June 1st, 2017 but will continue to honor existing ones. Michigan additionally ceased to recognize new common law marriages as of March 28th ,2018 but will still honor those created before that date.*INDIANA: Couples who entered into a common-law marriage before Jan. 1st , 1958 are still considered married under Indiana state law.*IOWA: Common-law marriages made before Jan. 1st , 2009 are valid in Iowa.*KANSAS: Common-law marriages made before Jan 1st , 1957 are valid in Kansas*MONTANA: Common-law marriages made before Oct 1st , 1979 are valid in Montana*NEW HAMPSHIRE: Common-law marriages made before Jan. 1st 2008 are considered valid under New Hampshire state law*OHIO: Common-law marriages created before Oct 10th 1991 are still considered valid under Ohio state law *OKLAHOMA: Common-law marriages made prior to Nov 01st 1998 are considered valid under Oklahoma state law*PENNSYLVANIA: Couples who entered into a common-law marriage before Jan 01st 2005 are still considered married under Pennsylvania state law *RHODE ISLAND: Rhode Island does not currently recognize any form of domestic partnership including civil unions or same sex relationships *SOUTH CAROLINA: South Carolina does not currently recognize any form or domestic partnership including civil unions or same sex relationships *UTAH: Utah does not currently recognize any form or domestic partnership including civil unions or same sex relationships

FAQs about common law marriage

-What is common law marriage?
Common law marriage is a legal status that exists between two people who have been living together for a certain period of time, usually a few years. In some states, common law marriage is automatically created when two people live together for a certain period of time; in other states, couples must go through a formal process to establish their common law marriage.

-How many states recognize common law marriage?
There are currently eleven states that recognize common law marriages: Alabama, Colorado, District of Columbia, Georgia, Idaho, Iowa, Kansas, Montana, New Hampshire, Oklahoma, and Rhode Island. In addition, some Native American tribes also recognize common law marriages.

-What are the requirements for common law marriage in each state?
The requirements for common law marriage vary from state to state. In some states, couples must simply live together for a certain period of time; in others, they must also meet additional requirements such as cohabitating in a “marriage-like” relationship or holding themselves out to the public as a married couple.

-Can common law marriages be dissolved?
Yes – just like any other marriage, common law marriages can be dissolved through divorce proceedings.