As of 2026, what states recognize common law marriage includes a specific list: Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas, Utah, and the District of Columbia. Additionally, New Hampshire recognizes it for inheritance purposes only. While most states have abolished the practice, those that still recognize it require the couple to live together, agree they are married, and “hold themselves out” to the public as a married unit.
Common law marriage means a couple is legally considered married without a formal ceremony or marriage license – as long as they meet their state’s specific requirements, which typically include cohabitation, mutual agreement to be married, and presenting themselves publicly as a married couple.
States That Fully Recognize Common Law Marriage
|
State |
Key Requirements |
Notes |
|---|---|---|
|
Colorado |
Mutual consent + cohabitation |
No minimum time requirement |
|
Iowa |
Mutual agreement + present as married |
Courts look at totality of circumstances |
|
Kansas |
Capacity + agreement + holding out as married |
Must intend to be married, not just live together |
|
Montana |
Cohabitation + reputation as married couple |
No set time requirement |
|
New Hampshire |
Cohabitation for 3+ years |
Only for inheritance purposes – limited recognition |
|
Oklahoma |
Agreement + cohabitation + public recognition |
Common law marriage widely recognized |
|
Rhode Island |
Serious intent + cohabitation |
Courts evaluate case by case |
|
South Carolina |
Agreement + cohabitation + holding out |
One of the more flexible states |
|
Texas |
Agreement + cohabitation + hold out |
Called ‘informal marriage’ in Texas |
|
Utah |
Legal capacity + cohabitation + reputation |
Must meet all three elements |
States That Recognize Prior Common Law Marriages (Grandfathered)
|
State |
Cutoff Date |
Notes |
|---|---|---|
|
Alabama |
Jan 1, 2017 |
Abolished after this date; prior marriages still valid |
|
Georgia |
Jan 1, 1997 |
Only marriages formed before this date recognized |
|
Idaho |
Jan 1, 1996 |
Abolished; prior marriages still valid |
|
Ohio |
Oct 10, 1991 |
Abolished; earlier marriages recognized |
|
Pennsylvania |
Jan 1, 2005 |
Abolished; prior marriages valid |
Rights Common Law Spouses Have
- Inheritance rights if a partner dies without a will (in states that recognize it).
- Property division rights upon separation (similar to divorce).
- Spousal benefits including Social Security, pension, and insurance.
- Medical decision-making rights as next of kin.
- Tax filing as married (joint or separate) on federal and state returns.
What Happens If You Move to a Non-Recognizing State?
Under the Full Faith and Credit Clause of the US Constitution, states are generally required to recognize marriages validly formed in other states – including common law marriages. If you established a valid common law marriage in Texas and move to California (which doesn’t recognize new common law marriages), your marriage should still be recognized in California.
How to Prove a Common Law Marriage
- Joint tax returns filed as married.
- Joint bank accounts, property, or lease agreements.
- Insurance policies listing each other as spouse.
- Testimony from friends, family, or community who knew you as a married couple.
- Written declarations – some states like Texas allow a formal ‘Declaration of Informal Marriage.’
Common law marriage can have powerful legal consequences – both positive and negative. If you’ve been living with a partner for years in a recognizing state, you may already have marriage-level rights and obligations, whether you intended to or not.
