Common Law Marriage States 2023

Map

Table

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