What is a common law marriage?

In a handful of states (listed below), heterosexual couples can become legally married without a license or ceremony. This type of marriage is called a common law marriage. Contrary to popular belief, a common law marriage is not created when two people simply live together for a certain number of years. In order to have a valid common law marriage, the couple must do all of the following:

• live together for a significant period of time (not defined in any state)
• hold themselves out as a married couple -- typically this means using the same last name, referring to the other as "my husband" or "my wife" and filing a joint tax return, and
• intend to be married.

When a common law marriage exists, the spouses receive the same legal treatment given to formally married couples, including the requirement that they go through a legal divorce to end the marriage.

Which states recognize common law marriage?

Common law marriage is recognized only in the following states:

• Alabama
• Colorado
• District of Columbia
• Georgia (if created before 1/1/97)
• Idaho (if created before 1/1/96)
• Iowa
• Kansas
• Montana
• New Hampshire (for inheritance purposes only)
• Ohio (if created before 10/10/91)
• Oklahoma
• Pennsylvania
• Rhode Island
• South Carolina
• Texas
• Utah