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Some states permit "common law" marriages. These states recognize a legal relationship between two people who lived together as if they were married, and held themselves out to the world as if they were married, but never legally were married under that state's laws. This can be relevant when a person dies without a Will, if their surviving partner wants to inherit as that person's spouse under state law, but doesn't have a marriage license.

Here are the states that recognize common law marriages now, or did in the past and still will honor such marriage if a relationship began before such common law marriages were abolished by state law:

States With Common Law Marriage

  • Colorado: Common law marriage contracted on or after Sept. 1, 2006, is valid if, at the time the marriage was entered into, both parties are 18 years or older, and the marriage is not prohibited by other law (Colo. Stat. §14-2-109.5)
  • Iowa: Common law marriage for purposes of the Support of Dependents Chapter (Iowa Code §252A.3) Otherwise it is not explicitly prohibited (Iowa Code §595.1A)
  • Kansas: Common law marriage will be recognized if the parties are 18 or older and for purposes of the Divorce and Maintenance Article, proof of common law marriage is allowed as evidence of marriage of the parties (Kan. Stat. §23-2502Kan. Stat. §23-2714)
  • Montana: Not strictly prohibited, they are not invalidated by the Marriage Chapter (Mont. Stat. §40-1-403)
  • New Hampshire: Common Law Marriage: "persons cohabiting and acknowledging each other as husband and wife, and generally reputed to be such, for the period of 3 years, and until the decease of one of them, shall thereafter be deemed to have been legally married." (N.H. Stat. §457:39)
  • South Carolina: allows for marriages without a valid license (S.C. Stat. §20-1-360)
  • Texas: Common Law Marriage in specific circumstances (Tex. Family Law §1.101Tex. Family Law §2.401-2.402)
  • UtahUtah Stat. §30-1-4.5

Not all state statutes expressly allow for common law marriages. In Rhode Island, case law recognizes common law marriages. Oklahoma's statute requires couples to get a marriage license; however case law has upheld common law marriages in the state.

States Previously Allowing Common Law Marriage 

States that did allow, and will still recognize as valid, common law marriages entered into prior to the date it was abolished.

Source: National Conference of State Legislatures: Common Law Marriage by State





Jurisdictional relevance: US

Legal Consumer - Bates County, MOLaw. The content of this article pertains to all US states and counties.