Legal Definitions - common law marriage

Common law marriage is a legal status where a couple is considered married by the state without having gone through a formal ceremony or obtained a marriage license. Instead of traditional formalities, the couple must meet specific criteria set by the state to establish their marital relationship.

While the exact requirements can vary by jurisdiction, the key elements typically required to form a common law marriage include:

• Intent to be married: Both individuals must genuinely intend to be husband and wife (or spouses) and commit to a marital relationship.
• Holding out to the public as married: They must present themselves to their community, friends, and family as a married couple. This might involve using the same last name, referring to each other as "my spouse," or filing joint tax returns.
• Cohabitation: They must live together as a married couple. Mere cohabitation alone is not sufficient; it must be combined with the intent and public representation of marriage.

It is important to note that most U.S. states no longer allow new common law marriages to be formed. However, some states recognize common law marriages that were validly established before a specific date (often referred to as "grandfathered in"). Furthermore, all states generally recognize a common law marriage that was validly formed in another state, even if they do not allow new ones to be created within their own borders.

Examples:

• Example 1 (Grandfathered Marriage):

  Sarah and Mark began living together in Pennsylvania in 2003. They shared a joint bank account, purchased a house together, and consistently introduced each other as "my husband" and "my wife" to their friends and family. They never had a formal wedding ceremony. Pennsylvania abolished common law marriage in 2005, but recognized those established before January 1, 2005.

  How this illustrates common law marriage: Sarah and Mark's relationship would be recognized as a valid common law marriage in Pennsylvania because they met the state's requirements (intent, cohabitation, and public representation) before the law changed. Their marriage is "grandfathered in" despite the subsequent abolition of common law marriage in the state.

• Example 2 (Currently Recognized Marriage):

  In Colorado, David and Emily have lived together since 2019. They refer to each other as spouses, wear rings, and have made joint financial decisions, including taking out a mortgage together. They have consistently told their neighbors and colleagues that they are married, even though they never had a formal ceremony.

  How this illustrates common law marriage: Colorado is one of the few states that still allows new common law marriages to be formed. David and Emily's actions—their intent to be married, their cohabitation, and their public presentation as a married couple—would likely satisfy Colorado's requirements for a valid common law marriage.

• Example 3 (Interstate Recognition):

  Maria and Juan lived together in Texas for fifteen years, from 2000 to 2015. During that time, they intended to be married, lived as a couple, and presented themselves as husband and wife to their community. In 2015, they moved to New York, a state that does not permit new common law marriages to be formed.

  How this illustrates common law marriage: Even though New York does not allow new common law marriages, it would generally recognize Maria and Juan's marriage. This is because their common law marriage was validly formed in Texas, a state that recognizes such unions, and states are typically required to respect valid legal acts from other states under the Full Faith and Credit Clause of the U.S. Constitution.