Common Law Marriage States 2023 - Wisevoter (2024)

State Trackers

/

Law

Introduction

A common law marriage is a legal status that recognizes unmarried couples who have been living together for a certain period of time as a married couple. While not every state recognizes common law marriage, some states do. Eight states currently recognize common law marriages: Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, and Utah. There are also some states such as Ohio and Pennsylvania that used to allow common law marriages and still recognize them as valid, but they have since changed their laws. In states that recognize common law marriage, couples are considered legally married and have the same rights and responsibilities as couples who obtained a marriage license. However, the rules for establishing a common law marriage vary by state, and couples may need to meet specific requirements to be considered legally married.

Common Law Marriage by State

StateCommon Law Marriage StatusCommunity Property StatusMinimum Marriage Age ( parental consent)
ColoradoAllowed 16 Years Old
IowaAllowed 16 Years Old
KansasAllowed 15 Years Old
MontanaAllowed 16 Years Old
New HampshireAllowed 14 Years Old
South CarolinaAllowed 16 Years Old
TexasAllowedYes 17 Years Old
UtahAllowed 16 Years Old
AlaskaNot Allowed 16 Years Old
ArizonaNot AllowedYes 16 Years Old
ArkansasNot Allowed 17 Years Old
CaliforniaNot AllowedYes
ConnecticutNot Allowed 18 Years Old
DelawareNot Allowed 18 Years Old
HawaiiNot Allowed 15 Years Old
IdahoNot AllowedYes 16 Years Old
IllinoisNot Allowed 16 Years Old
KentuckyNot Allowed 18 Years Old
LouisianaNot AllowedYes 16 Years Old
MaineNot Allowed 16 Years Old
MarylandNot Allowed 16 Years Old
MassachusettsNot Allowed 18 Years Old
MichiganNot Allowed 18 Years Old
MinnesotaNot Allowed 18 Years Old
MississippiNot Allowed
MissouriNot Allowed 15 Years Old
NebraskaNot Allowed 17 Years Old
NevadaNot AllowedYes 17 Years Old
New JerseyNot Allowed 16 Years Old
New MexicoNot AllowedYes 16 Years Old
New YorkNot Allowed 18 Years Old
North CarolinaNot Allowed 16 Years Old
North DakotaNot Allowed 16 Years Old
OklahomaNot Allowed 16 Years Old
OregonNot Allowed 17 Years Old
Rhode IslandNot Allowed 18 Years Old
South DakotaNot Allowed 16 Years Old
TennesseeNot Allowed 16 Years Old
VermontNot Allowed 16 Years Old
VirginiaNot Allowed 16 Years Old
WashingtonNot AllowedYes 17 Years Old
West VirginiaNot Allowed 18 Years Old
WisconsinNot AllowedYes 16 Years Old
WyomingNot Allowed 16 Years Old
AlabamaPreviously Allowed 16 Years Old
FloridaPreviously Allowed 17 Years Old
GeorgiaPreviously Allowed 17 Years Old
IndianaPreviously Allowed 17 Years Old
OhioPreviously Allowed 17 Years Old
PennsylvaniaPreviously Allowed 18 Years Old

States That Recognize Common Law Marriage

There are currently eight states that recognize common law marriage: Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, and Utah. Each state has its own specific rules for recognizing common law marriages. For example, in Colorado, couples must demonstrate their intent to be married and live together openly as a married couple. In Iowa, couples must intend to be married, have the capacity to enter into a marriage, and have publicly represented themselves as a married couple. In Kansas, couples must be at least 18 years old and must live together as spouses. In Montana, couples must establish that they intended to be married and have lived together in a marital relationship. In New Hampshire, couples must cohabitate and openly represent themselves as married. In South Carolina, couples must have the intent to be married and hold themselves out to the public as a married couple. In Texas, couples must agree to be married, live together as spouses, and represent themselves as married. In Utah, couples must cohabitate and present themselves as married to others.

The eight states with common law marriage are:

1. Colorado
2. Iowa
3. Kansas
4. Montana
5. New Hampshire
6. South Carolina
7. Texas
8. Utah

States That Previously Allowed Common Law Marriage

Alabama, Florida, Georgia, Indiana, Ohio, and Pennsylvania previously recognized common law marriage, but have since abolished the practice. However, some of these states still recognize common law marriages that were entered into prior to the date it was abolished. Couples who entered into common law marriages in these states prior to the respective cutoff dates may have the same legal rights and responsibilities as couples who obtained a marriage license.

Here is the list of states that previously allowed common law marriage:
1. Alabama
2. Florida
3. Georgia
4. Indiana
5. Ohio
6. Pennsylvania

Common Law Marriage States

Alabama

See less

do_not_disturb_on

Common Law Marriage Status

help

Previously Allowed

Minimum Marriage Age ( parental consent)

help

16 Years Old

Alabama previously allowed common law marriage.

Alaska

See more

add_circle

Common Law Marriage Status

help

Not Allowed

Minimum Marriage Age ( parental consent)

help

16 Years Old

Alaska is not a common law marriage state.

Arizona

See more

add_circle

Common Law Marriage Status

help

Not Allowed

Community Property Status

help

Yes

Minimum Marriage Age ( parental consent)

help

16 Years Old

Arizona is not a common law marriage state.

Arkansas

See more

add_circle

Common Law Marriage Status

help

Not Allowed

Minimum Marriage Age ( parental consent)

help

17 Years Old

Arkansas is not a common law marriage state.

California

See more

add_circle

Common Law Marriage Status

help

Not Allowed

Community Property Status

help

Yes

California is not a common law marriage state.

Colorado

See more

add_circle

Common Law Marriage Status

help

Allowed

Minimum Marriage Age ( parental consent)

help

16 Years Old

Colorado is a common law marriage state.

Connecticut

See more

add_circle

Common Law Marriage Status

help

Not Allowed

Minimum Marriage Age ( parental consent)

help

18 Years Old

Connecticut is not a common law marriage state.

Delaware

See more

add_circle

Common Law Marriage Status

help

Not Allowed

Minimum Marriage Age ( parental consent)

help

18 Years Old

Delaware is not a common law marriage state.

Florida

See more

add_circle

Common Law Marriage Status

help

Previously Allowed

Minimum Marriage Age ( parental consent)

help

17 Years Old

Florida previously allowed common law marriage.

Georgia

See more

add_circle

Common Law Marriage Status

help

Previously Allowed

Minimum Marriage Age ( parental consent)

help

17 Years Old

Georgia previously allowed common law marriage.

Hawaii

See more

add_circle

Common Law Marriage Status

help

Not Allowed

Minimum Marriage Age ( parental consent)

help

15 Years Old

Hawaii is not a common law marriage state.

Idaho

See more

add_circle

Common Law Marriage Status

help

Not Allowed

Community Property Status

help

Yes

Minimum Marriage Age ( parental consent)

help

16 Years Old

Idaho is not a common law marriage state.

Illinois

See more

add_circle

Common Law Marriage Status

help

Not Allowed

Minimum Marriage Age ( parental consent)

help

16 Years Old

Illinois is not a common law marriage state.

Indiana

See more

add_circle

Common Law Marriage Status

help

Previously Allowed

Minimum Marriage Age ( parental consent)

help

17 Years Old

Indiana previously allowed common law marriage.

Iowa

See more

add_circle

Common Law Marriage Status

help

Allowed

Minimum Marriage Age ( parental consent)

help

16 Years Old

Iowa is a common law marriage state.

Kansas

See more

add_circle

Common Law Marriage Status

help

Allowed

Minimum Marriage Age ( parental consent)

help

15 Years Old

Kansas is a common law marriage state.

Kentucky

See more

add_circle

Common Law Marriage Status

help

Not Allowed

Minimum Marriage Age ( parental consent)

help

18 Years Old

Kentucky is not a common law marriage state.

Louisiana

See more

add_circle

Common Law Marriage Status

help

Not Allowed

Community Property Status

help

Yes

Minimum Marriage Age ( parental consent)

help

16 Years Old

Louisiana is not a common law marriage state.

Maine

See more

add_circle

Common Law Marriage Status

help

Not Allowed

Minimum Marriage Age ( parental consent)

help

16 Years Old

Maine is not a common law marriage state.

Maryland

See more

add_circle

Common Law Marriage Status

help

Not Allowed

Minimum Marriage Age ( parental consent)

help

16 Years Old

Maryland is not a common law marriage state.

Massachusetts

See more

add_circle

Common Law Marriage Status

help

Not Allowed

Minimum Marriage Age ( parental consent)

help

18 Years Old

Massachusetts is not a common law marriage state.

Michigan

See more

add_circle

Common Law Marriage Status

help

Not Allowed

Minimum Marriage Age ( parental consent)

help

18 Years Old

Michigan is not a common law marriage state.

Minnesota

See more

add_circle

Common Law Marriage Status

help

Not Allowed

Minimum Marriage Age ( parental consent)

help

18 Years Old

Minnesota is not a common law marriage state.

Mississippi

See more

add_circle

Common Law Marriage Status

help

Not Allowed

Mississippi is not a common law marriage state.

Missouri

See more

add_circle

Common Law Marriage Status

help

Not Allowed

Minimum Marriage Age ( parental consent)

help

15 Years Old

Missouri is not a common law marriage state.

Montana

See more

add_circle

Common Law Marriage Status

help

Allowed

Minimum Marriage Age ( parental consent)

help

16 Years Old

Montana is a common law marriage state.

Nebraska

See more

add_circle

Common Law Marriage Status

help

Not Allowed

Minimum Marriage Age ( parental consent)

help

17 Years Old

Nebraska is not a common law marriage state.

Nevada

See more

add_circle

Common Law Marriage Status

help

Not Allowed

Community Property Status

help

Yes

Minimum Marriage Age ( parental consent)

help

17 Years Old

Nevada is not a common law marriage state.

New Hampshire

See more

add_circle

Common Law Marriage Status

help

Allowed

Minimum Marriage Age ( parental consent)

help

14 Years Old

New Hampshire is a common law marriage state.

New Jersey

See more

add_circle

Common Law Marriage Status

help

Not Allowed

Minimum Marriage Age ( parental consent)

help

16 Years Old

New Jersey is not a common law marriage state.

New Mexico

See more

add_circle

Common Law Marriage Status

help

Not Allowed

Community Property Status

help

Yes

Minimum Marriage Age ( parental consent)

help

16 Years Old

New Mexico is not a common law marriage state.

New York

See more

add_circle

Common Law Marriage Status

help

Not Allowed

Minimum Marriage Age ( parental consent)

help

18 Years Old

New York is not a common law marriage state.

North Carolina

See more

add_circle

Common Law Marriage Status

help

Not Allowed

Minimum Marriage Age ( parental consent)

help

16 Years Old

North Carolina is not a common law marriage state.

North Dakota

See more

add_circle

Common Law Marriage Status

help

Not Allowed

Minimum Marriage Age ( parental consent)

help

16 Years Old

North Dakota is not a common law marriage state.

Ohio

See more

add_circle

Common Law Marriage Status

help

Previously Allowed

Minimum Marriage Age ( parental consent)

help

17 Years Old

Ohio previously allowed common law marriage.

Oklahoma

See more

add_circle

Common Law Marriage Status

help

Not Allowed

Minimum Marriage Age ( parental consent)

help

16 Years Old

Oklahoma is not a common law marriage state.

Oregon

See more

add_circle

Common Law Marriage Status

help

Not Allowed

Minimum Marriage Age ( parental consent)

help

17 Years Old

Oregon is not a common law marriage state.

Pennsylvania

See more

add_circle

Common Law Marriage Status

help

Previously Allowed

Minimum Marriage Age ( parental consent)

help

18 Years Old

Pennsylvania previously allowed common law marriage.

Rhode Island

See more

add_circle

Common Law Marriage Status

help

Not Allowed

Minimum Marriage Age ( parental consent)

help

18 Years Old

Rhode Island is not a common law marriage state.

South Carolina

See more

add_circle

Common Law Marriage Status

help

Allowed

Minimum Marriage Age ( parental consent)

help

16 Years Old

South Carolina is a common law marriage state.

South Dakota

See more

add_circle

Common Law Marriage Status

help

Not Allowed

Minimum Marriage Age ( parental consent)

help

16 Years Old

South Dakota is not a common law marriage state.

Tennessee

See more

add_circle

Common Law Marriage Status

help

Not Allowed

Minimum Marriage Age ( parental consent)

help

16 Years Old

Tennessee is not a common law marriage state.

Texas

See more

add_circle

Common Law Marriage Status

help

Allowed

Community Property Status

help

Yes

Minimum Marriage Age ( parental consent)

help

17 Years Old

Texas is a common law marriage state.

Utah

See more

add_circle

Common Law Marriage Status

help

Allowed

Minimum Marriage Age ( parental consent)

help

16 Years Old

Utah is a common law marriage state.

Vermont

See more

add_circle

Common Law Marriage Status

help

Not Allowed

Minimum Marriage Age ( parental consent)

help

16 Years Old

Vermont is not a common law marriage state.

Virginia

See more

add_circle

Common Law Marriage Status

help

Not Allowed

Minimum Marriage Age ( parental consent)

help

16 Years Old

Virginia is not a common law marriage state.

Washington

See more

add_circle

Common Law Marriage Status

help

Not Allowed

Community Property Status

help

Yes

Minimum Marriage Age ( parental consent)

help

17 Years Old

Washington is not a common law marriage state.

West Virginia

See more

add_circle

Common Law Marriage Status

help

Not Allowed

Minimum Marriage Age ( parental consent)

help

18 Years Old

West Virginia is not a common law marriage state.

Wisconsin

See more

add_circle

Common Law Marriage Status

help

Not Allowed

Community Property Status

help

Yes

Minimum Marriage Age ( parental consent)

help

16 Years Old

Wisconsin is not a common law marriage state.

Wyoming

See more

add_circle

Common Law Marriage Status

help

Not Allowed

Minimum Marriage Age ( parental consent)

help

16 Years Old

Wyoming is not a common law marriage state.

FAQs

What states have common law marriage ?

Eight states currently recognize common law marriage: Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, and Utah.

How many states have common law marriage ?

Eight states have common law marriage.

Does common law marriage still exist ?

Common law marriage has been abolished in many states, but it still exists in eight states, and in some states, prior common law marriages are still recognized as valid.

Common Law Marriage States 2023 - Wisevoter (2024)

FAQs

Common Law Marriage States 2023 - Wisevoter? ›

States that still have common law marriages are Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, Utah and the District of Columbia.

Do any states recognize common law marriage? ›

States that still have common law marriages are Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, Utah and the District of Columbia.

Does Maine have common law marriage? ›

Maine does not recognize common law marriage. Unmarried partners are considered unrelated individuals under Maine law. There is no action equivalent to a divorce for unmarried partners to address issues concerning who owns or how to divide personal property, real estate, other assets, and joint debts.

What 4 elements must be present in order for common law marriage to occur? ›

The current eligibility requirements are that both partners must be over 18, neither partner can be married or a part of another domestic partnership, both partners can consent to the relationship, and they are not related by blood.

How many years in a relationship are you considered married? ›

Importantly, California does not have a common law marriage law. This means that a couple won't be considered legally married no matter how long they've lived together in the state of California.

How many states recognize common law wife? ›

Common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact is a form of irregular marriage that survives only in seven U.S. states and the District of Columbia along with some provisions of military law; plus two other states that recognize domestic ...

Do all 50 states have common law marriage? ›

There are currently eight states that recognize common law marriage: Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, and Utah.

How long is common law marriage in Maine? ›

There is no Common Law Marriage in the State of Maine.

Can you marry your first cousin in Maine? ›

For instance, first cousins (or closer relatives) from a family are generally prohibited from marrying in Maine. However, if they can prove that they received genetic counseling from a doctor, they may be able to get married legally. The marriage cannot later be annulled.

Who is a domestic partner in Maine? ›

Couples may become registered domestic partners in the State of Maine if they are “one of two unmarried adults who are domiciled under long-term arrangements that evidence a commitment to remain responsible indefinitely for each other's welfare,” (18-A Me. Rev. Stat.

Can I collect Social Security from my common law husband? ›

Common-law spouses can get Social Security benefits based on their spouses' earnings record.

How do I verify a common law marriage? ›

The Role of Witnesses in Proving a Common Law Marriage
  1. Testimony about how long the partners lived together.
  2. Evidence from family members or other people who know them well regarding their relationship status.
  3. Details about any joint assets held by the couple.
  4. A record of filing taxes jointly as husband and wife.

Does living together count as marriage? ›

Many people believe that if domestic partners co-habitate for at least seven years then they are automatically deemed “married.” Unfortunately, this is not true in any one of the 50 states.

Are you considered married after dating for 7 years? ›

The myth that you're in a common law marriage if you live together for seven years is just that—a myth. None of the states that recognize these marriages have set a minimum amount of time that you and your partner must live together before your relationship qualifies.

Are you considered married if you ve been together for 7 years? ›

In just a handful of states that recognize common law marriage, couples may be considered legally married even though they never got a marriage license or had a wedding ceremony, as long as they both intend to live as a married couple and take specific actions backing up that intention—including living together and ...

What is it called when you live together but are not married? ›

What is cohabitation? Living together with someone is also sometimes called 'cohabitation'. A cohabiting couple is a couple that lives together in an intimate and committed relationship, who are not married to each other and not in a civil partnership. Cohabiting couples can be opposite-sex or same-sex.

How long is common law marriage in the US? ›

Living together: You may have heard that cohabitation with someone for ten years or more makes you common-law married. But, there is no statutory requirement for the length of time a couple needs to live together. The court considers the amount of time a couple lives together on a case-to-case basis.

What is it called when you live with someone but not married? ›

Cohabitation is an arrangement where people who are not married, usually couples, live together.

How many months is considered common law marriage in Texas? ›

How Long Do We Need to Be Together? Texas law does not require the couple to be together for a specific period of time before they can declare themselves to be in a common law marriage. As long as both parties agree to the three elements listed in Section 2.401, they meet the requirements of a common law marriage.

Which states are community property states? ›

The nine community property states in the U.S. are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.

References

Top Articles
Latest Posts
Article information

Author: Delena Feil

Last Updated:

Views: 5863

Rating: 4.4 / 5 (65 voted)

Reviews: 80% of readers found this page helpful

Author information

Name: Delena Feil

Birthday: 1998-08-29

Address: 747 Lubowitz Run, Sidmouth, HI 90646-5543

Phone: +99513241752844

Job: Design Supervisor

Hobby: Digital arts, Lacemaking, Air sports, Running, Scouting, Shooting, Puzzles

Introduction: My name is Delena Feil, I am a clean, splendid, calm, fancy, jolly, bright, faithful person who loves writing and wants to share my knowledge and understanding with you.