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Editor's note: This post was originally published October 26, 2021, and has been updated for accuracy, comprehensiveness, and freshness on April 3, 2026.
Common-law marriage is a legal concept that has led to a lot of confusion over the years. Many people believe that if they’ve lived with a partner long enough, they’re automatically considered married under the law. In most states, that’s not the case.
This guide explains what common-law marriage is, which states recognize it (in full, partially, or as a legacy), and what you need to know to protect your legal rights.
What is common-law marriage?
A common-law marriage is a marriage that is legally recognized without a formal ceremony or marriage license. Instead, it is established through the couple’s actions and intent. Most states that recognize common-law marriage require the couple to:
- Cohabitate (live together)
- Present themselves to others as a married couple (using the same last name, filing joint taxes, referring to each other as husband and wife, etc.)
- Have the intent to be married
The exact requirements vary by state.
States that fully recognize common-law marriage
As of 2026, a small number of states still allow couples to enter into a common-law marriage. These include:
- Colorado
- Iowa
- Kansas
- Montana
- New Hampshire (for inheritance purposes only)
- Oklahoma
- Rhode Island
- South Carolina
- Texas
- Utah
- Washington D.C.
Requirements and specifics differ by state. If you believe you may be in a common-law marriage in one of these states, it’s important to consult with a local family law attorney to understand your rights.
States with legacy (grandfathered) common-law marriage
Several states no longer allow new common-law marriages to be formed but continue to recognize marriages that were established before a specific cutoff date. These “grandfathered” marriages remain legally valid even though new ones can’t be created in those states.
Examples include Alabama (abolished in 2017), Georgia (abolished in 1997), Idaho (abolished in 1996), and Pennsylvania (abolished in 2005).
States that do not recognize common-law marriage
The majority of U.S. states do not recognize common-law marriage at all. In these states, no matter how long two people have lived together or how they present themselves publicly, they are not legally married without a license and ceremony.
What about common-law marriage in other states?
Even if you live in a state that doesn’t recognize common-law marriage, your state may recognize a common-law marriage that was validly formed in another state. This is due to the “full faith and credit” principle, which generally requires states to honor legal relationships established in other states.
Rights and obligations of common-law spouses
In states where it’s recognized, a valid common-law marriage generally grants the same legal rights and obligations as a formal marriage, including:
- Inheritance rights
- The right to make medical decisions for an incapacitated spouse
- Spousal support (alimony)
- Property division upon separation
Importantly, if you want to end a common-law marriage, you typically need to go through a formal divorce process just like any legally married couple.
Get legal guidance with LegalShield
Common-law marriage laws are complex and vary significantly by state. If you’re uncertain about your legal status or want to protect your rights in a long-term relationship, speaking with a family law attorney is the best step. A LegalShield membership gives you access to experienced provider lawyers who can answer your questions and help you understand your rights under your state’s laws.
Explore LegalShield’s family law resources to learn more.
Frequently Asked Questions
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.
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.
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.
Get the Answers You Need, When You Need Them
Author
Elyse Dillard
Content Specialist at LegalShield
Content Specialist at LegalShield, creating educational resources about legal and consumer protection topics. She focuses on making complex legal and financial concepts accessible to readers and has contributed to various educational articles on consumer rights and protections.
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