Last updated: 13 October 2026. State laws change. This guide is general information and not legal advice.
Short answer: A common law marriage is a legally valid marriage formed without a licence or ceremony, when a couple who are legally able to marry agree to be married and present themselves to the world as married. In 2026, new common law marriages can be formed in Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas and the District of Columbia, with Utah recognising them only through a court or administrative order. New Hampshire recognises a limited version for inheritance after a partner dies. Every state recognises a common law marriage validly formed in a state that allows it.
Key takeaways
- Living together for a set number of years does not create a marriage. There is no “seven-year rule” anywhere in the US.
- The core elements are capacity to marry, a present agreement to be married, living together and holding yourselves out as spouses.
- Once formed, a common law marriage is a full marriage. Ending it requires a formal divorce.
- Several states abolished common law marriage but still recognise ones formed before a cutoff date.
What is common law marriage?
Before marriage licences were standard, courts recognised couples as married based on their agreement and conduct. Most states have since abolished this route, but a minority still allow it. Where it exists, a common law spouse has the same rights as any other spouse: property division and support on divorce, inheritance, health care decisions, and spousal benefits such as Social Security.
The IRS treats a couple as married for federal tax purposes if their marriage is recognised by the state where it was entered into, which includes valid common law marriages (Revenue Ruling 2013-17).
Which states recognise common law marriage in 2026?
| Jurisdiction | Can new ones be formed? | Key points |
|---|---|---|
| Colorado | Yes | Mutual agreement to be married, shown by conduct. Colorado courts now look at the overall relationship rather than a fixed checklist, following In re Marriage of Hogsett and Neale (2021). |
| Iowa | Yes | Present intent and agreement, continuous cohabitation and a public declaration that the couple are spouses. |
| Kansas | Yes | Capacity to marry, a present marriage agreement and holding out to the public as married. |
| Montana | Yes | Capacity, mutual consent, cohabitation and public reputation as a married couple. |
| Oklahoma | Yes, under case law | Mutual agreement, a permanent and exclusive relationship, cohabitation and public representation as spouses. |
| Rhode Island | Yes | Clear and convincing evidence of a serious intent to be married and conduct consistent with it. |
| Texas | Yes (“informal marriage”) | Agreement to be married, living together in Texas as spouses and representing to others that you are married. Couples can sign a Declaration of Informal Marriage with the county clerk. |
| Utah | Only by court or administrative order | Not automatic. The relationship must meet statutory requirements and the order generally must be sought during the relationship or within one year after it ends. |
| District of Columbia | Yes | Cohabitation following an express, present-tense agreement to be married. |
| New Hampshire | Limited | Applies only after one partner dies, for inheritance purposes, where the couple lived together and were known as spouses for at least three years. |
States that abolished it but honour older marriages
If your relationship began before the cutoff and met that state’s requirements at the time, it may still be a valid marriage today.
| State | Recognised if formed before |
|---|---|
| South Carolina | 24 July 2019 |
| Alabama | 1 January 2017 |
| Pennsylvania | 1 January 2005 (on or before) |
| Georgia | 1 January 1997 |
| Idaho | 1 January 1996 |
| Ohio | 10 October 1991 |
| Florida | 2 January 1968 |
| Indiana | 1 January 1958 |
Other states abolished common law marriage even earlier, including Michigan, Mississippi, Nevada, Minnesota, New Jersey and New York.
The elements, explained
1. Capacity to marry
Both people must be old enough to marry and not already married to someone else. A couple cannot form a common law marriage while one partner is still legally married, even if separated.
2. A present agreement to be married
This is the heart of it. The agreement must be to be married now, not a plan to marry later. An engagement is not a common law marriage.
3. Living together
Most states require cohabitation, but none sets a minimum period for a valid marriage (New Hampshire’s three-year rule applies only to its limited post-death recognition).
4. Holding out as married
Evidence includes using the same surname, filing joint tax returns as married, introducing each other as husband or wife, wearing wedding rings, listing each other as spouse on insurance or leases, and owning joint accounts.
Proving a common law marriage
Disputes usually arise when a relationship ends or a partner dies, and one person says there was a marriage while the other side denies it. Courts weigh the documents and witnesses. Timing matters too: in Texas, if a proceeding to prove an informal marriage is not started within two years after the couple separated, the law presumes there was no agreement to be married (Texas Family Code § 2.401).
The safest proof is a signed declaration where the state offers one, such as the Texas Declaration of Informal Marriage, kept with your important papers along with your estate plan and any power of attorney.
What if you move to another state?
A marriage that was valid where it was formed is generally recognised everywhere else, including in states that do not allow common law marriage. Moving from Texas to California, for example, does not undo a valid Texas informal marriage. The reverse is not true: couples living in a state without common law marriage cannot create one by taking a short trip to a state that allows it, as courts generally require the couple to live in that state while meeting the elements.
Ending a common law marriage
There is no such thing as a common law divorce. If you were validly married by common law, you need a formal divorce to end it, with the same rules on property division, spousal support and child custody as any other marriage. Our guides on preparing for a first divorce consultation and what assets are included in a property settlement apply equally to common law spouses.
If you live together without being married and want clarity, a cohabitation agreement, or a prenuptial agreement if you plan to marry, can set out who owns what.
Common myths
- “After seven years together you are automatically married.” False in every state.
- “We have a child together, so we are common law married.” Having children together does not create a marriage. Parental rights and child support exist regardless.
- “Common law spouses get fewer rights.” False. A valid common law marriage is a full marriage.
- “Our state abolished it, so our old marriage does not count.” Not necessarily. Check the cutoff date.
Frequently asked questions
How many states recognise common law marriage in 2026?
Eight states plus the District of Columbia allow new common law marriages to form: Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island and Texas, with Utah recognising them only by court or administrative order. New Hampshire recognises a limited form after a partner’s death.
How long do you have to live together for a common law marriage?
No state that allows common law marriage sets a minimum period. The question is whether you agreed to be married and presented yourselves as married.
Does California recognise common law marriage?
California does not allow common law marriages to be formed there, but it recognises a valid common law marriage formed in another state.
Do common law spouses inherit if there is no will?
Yes, if the marriage is legally valid, the surviving spouse inherits under the state’s intestacy rules like any other spouse. Proving the marriage may be required.
Do you need a divorce to end a common law marriage?
Yes. A valid common law marriage can only be ended by divorce, annulment or death.
Can same-sex couples have a common law marriage?
Yes. Since Obergefell v. Hodges (2015), same-sex couples can marry on the same terms as opposite-sex couples, including by common law in the states that allow it.
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