Common-Law Marriage States: Which Ones Are Partial, Full, or Legacied-In?

Editor's note: This post was originally published October 20, 2024 and has been updated for accuracy, comprehensiveness, and freshness on February 27, 2026

If you're in love with someone, you may be wondering about your options as you plan to start your life together. Legal marriage isn't always the preferred fit for some couples. 

Common-law marriage states allow you to seek an official relationship status without the paperwork. Sixteen states and the District of Columbia fully or partially recognize some form of common-law marriage.

If you’re thinking about a common-law marriage, you probably have questions about which states recognize common-law marriage and the requirements for this type of union. Read on to learn more as you and your partner prepare for life together.

What states have common law marriage?

A common law marriage is defined as a marriage without formalities such as a marriage license or ceremony.

Some states fully recognize common-law marriage, some states partially recognize it, and some states have given it legacy status. Let's break down the different types of common-law marriage in more detail below. 

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States with full recognition 

States with fully recognized common-law marriage grant couples who meet the requirements the same legal rights and privileges as couples united in a traditional marriage.

Not many states are in the business of officially recognizing common-law marriage. Here's a list of the states where it's currently accepted:

• Colorado
• Kansas
• Iowa
• Montana
• New Hampshire
• Oklahoma 
• Rhode Island

Washington, D.C., also fully recognizes common-law marriage.

States with partial recognition

A couple of states partially recognize common-law marriage, meaning they acknowledge common-law marriages under specific circumstances. These states include:

• New Hampshire: Common-law marriage is recognized only for inheritance purposes.
• South Carolina: Marriage is allowed without a marriage license only if the couple meets certain conditions, but the rules evolve and change.

Additionally, all 50 states recognize common-law marriages from other states that allow the practice. 

States that are legacied-in

When something is “legacied” or "grandfathered" in, it means that it’s exempt from new rules or laws. Some states have outlawed new common-law marriages but have given legacy status to unions created before a certain date. 

States with legacied-in common-law marriage include:

• Alabama: If created before Jan. 1, 2017
• Florida: If created before Jan. 1, 1968
• Georgia: If created before Jan. 1, 1997
• Idaho: If created before Jan.1, 1996
• Indiana: If created before Jan. 1, 1958
• Ohio: If created before Oct. 10, 1991
• Pennsylvania: If created before Jan. 1, 2005

What are the common-law marriage requirements?

Regardless of whether a state has full common-law marriage recognition or legacied-in, every state has different conditions for meeting the requirements. You may avoid certain paperwork and obligations when you choose common law over legal marriage, but you still have to meet certain conditions to be considered married. 

You'll need to check with an attorney in your state to get a full list of conditions, but here are a few that may be required:

• You and your partner must have the legal capacity to marry, meaning you are of the legal age to marry and are not already legally married to someone else.
• You and your partner must both be of sound mind.
• You and your partner live together in a state that allows for the creation of new common-law marriages.

Though you and your partner need to live together, there isn’t a set time frame for how long. You may have heard of a “seven-year rule,” but this is a myth. The most important thing is that you and your partner acknowledge yourselves as a married couple.

Some states have additional requirements to prove a union is qualified for common-law marriage. In some states:

• You and your partner may need to keep joint finances, such as bank accounts and credit cards. Mortgages and leases may also count.
• You and your partner may need to file joint income tax returns.

Make sure you contact a lawyer to find out your state's specific common-law marriage requirements.

What rights does a common-law marriage grant to couples?

A fully recognized common-law marriage grants couples the same rights, privileges, and responsibilities as a traditional marriage. These rights include several financial, legal, and personal benefits, like:

• Access to your partner’s health insurance
• Inheritance rights
• Social Security benefits
• Joint tax filing
• Hospital visitation rights
• The right to make medical decisions for your partner if they are incapacitated

In states where it’s recognized, your common-law marriage also grants you certain rights if you seek to end your marriage with a divorce. This includes the right to seek spousal support and divide property. 

To protect your assets from a common-law marriage divorce, you may want to draft a cohabitation agreement. This agreement is similar to a prenuptial agreement and covers issues like property ownership, debt responsibilities, and financial arrangements for children and pets. 

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Navigate common-law marriage with help from LegalShield

Common-law marriage states give couples the option of obtaining a legally recognized union without the formalities and paperwork of a traditional marriage. But, as you can see, navigating a common-law marriage is no simple task. 

You’ll need to understand the legal guidelines for marriage in your area, as well as the requirements you need to fulfill before you can even start seeking recognition with your partner. That’s why it’s important to have a lawyer on your side.

A LegalShield Membership gives you access to a dedicated provider law firm in your area. A provider lawyer can offer legal advice and consultation for an unlimited number of personal legal matters, review personal legal documents, and make phone calls or draft letters on your behalf.  

We can assist with the various legal aspects of your marriage journey, including changing your name after marriage or considering a prenuptial agreement. Keep yourself legally protected with LegalShield’s Personal Plan.

Frequently asked questions

Below, find answers to frequently asked questions about common-law marriage states.

Can you be married without a marriage license?

Yes, you can be married without a marriage license in states that recognize common-law marriage. 

However, in states with only partial recognition, you may not have the same legal benefits as those afforded by a traditional marriage. It's important to speak with an attorney about the common-law marriage laws where you live. 

What is proof of common-law marriage?

To prove a common law marriage, you usually must show that you and your partner agreed to be married, currently live together, and present yourselves as a married couple. 

Evidence to establish a common law marriage may include leases, mortgages, joint tax returns, or estate planning documents. 

How do you end a common-law marriage?

Modern relationships are challenging. If you find yourself needing to end your common law marriage, you will need to get a legal divorce. Because you do not have a marriage certificate, the first step in dissolving your union will likely be proving that your common law marriage exists. 

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