Introduction
A common law marriage is a legal status that recognizes unmarried couples who have been living together for a certain period of time as a married couple. While not every state recognizes common law marriage, some states do. Eight states currently recognize common law marriages: Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, and Utah. There are also some states such as Ohio and Pennsylvania that used to allow common law marriages and still recognize them as valid, but they have since changed their laws. In states that recognize common law marriage, couples are considered legally married and have the same rights and responsibilities as couples who obtained a marriage license. However, the rules for establishing a common law marriage vary by state, and couples may need to meet specific requirements to be considered legally married.
Common Law Marriage by State
State | Common Law Marriage Status | Community Property Status | Minimum Marriage Age |
---|---|---|---|
Colorado | Allowed | 16 Years Old | |
Iowa | Allowed | 16 Years Old | |
Kansas | Allowed | 16 Years Old | |
Montana | Allowed | 16 Years Old | |
New Hampshire | Allowed | 14 Years Old | |
South Carolina | Allowed | 16 Years Old | |
Texas | Allowed | Yes | 16 Years Old |
Utah | Allowed | 16 Years Old | |
Alaska | Not Allowed | 16 Years Old | |
Arizona | Not Allowed | Yes | 16 Years Old |
Arkansas | Not Allowed | 17 Years Old | |
California | Not Allowed | Yes | |
Connecticut | Not Allowed | 16 Years Old | |
Delaware | Not Allowed | 16 Years Old | |
Hawaii | Not Allowed | 15 Years Old | |
Idaho | Not Allowed | Yes | 16 Years Old |
Illinois | Not Allowed | 16 Years Old | |
Kentucky | Not Allowed | 18 Years Old | |
Louisiana | Not Allowed | Yes | 18 Years Old |
Maine | Not Allowed | 16 Years Old | |
Maryland | Not Allowed | 16 Years Old | |
Massachusetts | Not Allowed | 14 Years Old | |
Michigan | Not Allowed | 16 Years Old | |
Minnesota | Not Allowed | 16 Years Old | |
Mississippi | Not Allowed | ||
Missouri | Not Allowed | 15 Years Old | |
Nebraska | Not Allowed | 17 Years Old | |
Nevada | Not Allowed | Yes | 16 Years Old |
New Jersey | Not Allowed | 16 Years Old | |
New Mexico | Not Allowed | Yes | 16 Years Old |
New York | Not Allowed | 16 Years Old | |
North Carolina | Not Allowed | 16 Years Old | |
North Dakota | Not Allowed | 16 Years Old | |
Oklahoma | Not Allowed | 16 Years Old | |
Oregon | Not Allowed | 17 Years Old | |
Rhode Island | Not Allowed | 16 Years Old | |
South Dakota | Not Allowed | 16 Years Old | |
Tennessee | Not Allowed | 16 Years Old | |
Vermont | Not Allowed | 16 Years Old | |
Virginia | Not Allowed | 16 Years Old | |
Washington | Not Allowed | Yes | 17 Years Old |
West Virginia | Not Allowed | 18 Years Old | |
Wisconsin | Not Allowed | Yes | 16 Years Old |
Wyoming | Not Allowed | 16 Years Old | |
Alabama | Previously Allowed | 16 Years Old | |
Florida | Previously Allowed | 16 Years Old | |
Georgia | Previously Allowed | 16 Years Old | |
Indiana | Previously Allowed | 17 Years Old | |
Ohio | Previously Allowed | 16 Years Old | |
Pennsylvania | Previously Allowed | 16 Years Old |
States That Recognize Common Law Marriage
There are currently eight states that recognize common law marriage: Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, and Utah. Each state has its own specific rules for recognizing common law marriages. For example, in Colorado, couples must demonstrate their intent to be married and live together openly as a married couple. In Iowa, couples must intend to be married, have the capacity to enter into a marriage, and have publicly represented themselves as a married couple. In Kansas, couples must be at least 18 years old and must live together as spouses. In Montana, couples must establish that they intended to be married and have lived together in a marital relationship. In New Hampshire, couples must cohabitate and openly represent themselves as married. In South Carolina, couples must have the intent to be married and hold themselves out to the public as a married couple. In Texas, couples must agree to be married, live together as spouses, and represent themselves as married. In Utah, couples must cohabitate and present themselves as married to others.
The eight states with common law marriage are:
1. Colorado
2. Iowa
3. Kansas
4. Montana
5. New Hampshire
6. South Carolina
7. Texas
8. Utah
States That Previously Allowed Common Law Marriage
Alabama, Florida, Georgia, Indiana, Ohio, and Pennsylvania previously recognized common law marriage, but have since abolished the practice. However, some of these states still recognize common law marriages that were entered into prior to the date it was abolished. Couples who entered into common law marriages in these states prior to the respective cutoff dates may have the same legal rights and responsibilities as couples who obtained a marriage license.
Here is the list of states that previously allowed common law marriage:
1. Alabama
2. Florida
3. Georgia
4. Indiana
5. Ohio
6. Pennsylvania
Common Law Marriage States
Alabama
Common Law Marriage Status
Previously Allowed
16 Years Old
Alabama previously allowed common law marriage.
Alaska
Common Law Marriage Status
Not Allowed
16 Years Old
Alaska is not a common law marriage state.
Arizona
Arizona is not a common law marriage state.
Arkansas
Common Law Marriage Status
Not Allowed
17 Years Old
Arkansas is not a common law marriage state.
California
Common Law Marriage Status
Not Allowed
California is not a common law marriage state.
Colorado
Common Law Marriage Status
Allowed
16 Years Old
Colorado is a common law marriage state.
Connecticut
Common Law Marriage Status
Not Allowed
16 Years Old
Connecticut is not a common law marriage state.
Delaware
Common Law Marriage Status
Not Allowed
16 Years Old
Delaware is not a common law marriage state.
Florida
Common Law Marriage Status
Previously Allowed
16 Years Old
Florida previously allowed common law marriage.
Georgia
Common Law Marriage Status
Previously Allowed
16 Years Old
Georgia previously allowed common law marriage.
Hawaii
Common Law Marriage Status
Not Allowed
15 Years Old
Hawaii is not a common law marriage state.
Idaho
Idaho is not a common law marriage state.
Illinois
Common Law Marriage Status
Not Allowed
16 Years Old
Illinois is not a common law marriage state.
Indiana
Common Law Marriage Status
Previously Allowed
17 Years Old
Indiana previously allowed common law marriage.
Iowa
Common Law Marriage Status
Allowed
16 Years Old
Iowa is a common law marriage state.
Kansas
Common Law Marriage Status
Allowed
16 Years Old
Kansas is a common law marriage state.
Kentucky
Common Law Marriage Status
Not Allowed
18 Years Old
Kentucky is not a common law marriage state.
Louisiana
Louisiana is not a common law marriage state.
Maine
Common Law Marriage Status
Not Allowed
16 Years Old
Maine is not a common law marriage state.
Maryland
Common Law Marriage Status
Not Allowed
16 Years Old
Maryland is not a common law marriage state.
Massachusetts
Common Law Marriage Status
Not Allowed
14 Years Old
Massachusetts is not a common law marriage state.
Michigan
Common Law Marriage Status
Not Allowed
16 Years Old
Michigan is not a common law marriage state.
Minnesota
Common Law Marriage Status
Not Allowed
16 Years Old
Minnesota is not a common law marriage state.
Mississippi
Common Law Marriage Status
Not Allowed
Mississippi is not a common law marriage state.
Missouri
Common Law Marriage Status
Not Allowed
15 Years Old
Missouri is not a common law marriage state.
Montana
Common Law Marriage Status
Allowed
16 Years Old
Montana is a common law marriage state.
Nebraska
Common Law Marriage Status
Not Allowed
17 Years Old
Nebraska is not a common law marriage state.
Nevada
Nevada is not a common law marriage state.
New Hampshire
Common Law Marriage Status
Allowed
14 Years Old
New Hampshire is a common law marriage state.
New Jersey
Common Law Marriage Status
Not Allowed
16 Years Old
New Jersey is not a common law marriage state.
New Mexico
New Mexico is not a common law marriage state.
New York
Common Law Marriage Status
Not Allowed
16 Years Old
New York is not a common law marriage state.
North Carolina
Common Law Marriage Status
Not Allowed
16 Years Old
North Carolina is not a common law marriage state.
North Dakota
Common Law Marriage Status
Not Allowed
16 Years Old
North Dakota is not a common law marriage state.
Ohio
Common Law Marriage Status
Previously Allowed
16 Years Old
Ohio previously allowed common law marriage.
Oklahoma
Common Law Marriage Status
Not Allowed
16 Years Old
Oklahoma is not a common law marriage state.
Oregon
Common Law Marriage Status
Not Allowed
17 Years Old
Oregon is not a common law marriage state.
Pennsylvania
Common Law Marriage Status
Previously Allowed
16 Years Old
Pennsylvania previously allowed common law marriage.
Rhode Island
Common Law Marriage Status
Not Allowed
16 Years Old
Rhode Island is not a common law marriage state.
South Carolina
Common Law Marriage Status
Allowed
16 Years Old
South Carolina is a common law marriage state.
South Dakota
Common Law Marriage Status
Not Allowed
16 Years Old
South Dakota is not a common law marriage state.
Tennessee
Common Law Marriage Status
Not Allowed
16 Years Old
Tennessee is not a common law marriage state.
Texas
Texas is a common law marriage state.
Utah
Common Law Marriage Status
Allowed
16 Years Old
Utah is a common law marriage state.
Vermont
Common Law Marriage Status
Not Allowed
16 Years Old
Vermont is not a common law marriage state.
Virginia
Common Law Marriage Status
Not Allowed
16 Years Old
Virginia is not a common law marriage state.
Washington
Washington is not a common law marriage state.
West Virginia
Common Law Marriage Status
Not Allowed
18 Years Old
West Virginia is not a common law marriage state.
Wisconsin
Wisconsin is not a common law marriage state.
Wyoming
Common Law Marriage Status
Not Allowed
16 Years Old
Wyoming is not a common law marriage state.
FAQs
What states have common law marriage ?
Eight states currently recognize common law marriage: Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, and Utah.
How many states have common law marriage ?
Eight states have common law marriage.
Does common law marriage still exist ?
Common law marriage has been abolished in many states, but it still exists in eight states, and in some states, prior common law marriages are still recognized as valid.
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