No one knows exactly how or where the myth began, but living together for seven years does not a common law marriage make. This may come as good or bad news, but it’s a fact.
True common law marriage began in England, when for whatever reason officiators could not make the trip to wed a couple. The couple could simply engage in a marriage at common law, until the marriage proceeding could take place.
That is why intent to marry is the key to the formation of today’s version of common law marriages. Still, only about a dozen of the states recognize such marriages, including the District of Columbia.
The states that do recognize such unions, take them very seriously. Contrary to what many people think, a common law marriage is a “real” marriage, which comes with the same responsibilities as any other. A common law marriage also requires a legal divorce to terminate the relationship.
There are two general types of common law marriage:
The first type requires couples to live together for a significant amount of time, although no actual time limit is defined. Most states also require that you “hold yourselves out” as husband and wife. This means you live together, use married language such as Mr. and Mrs. or husband and wife, and basically, that people around you believe that you are married.
The second type is the common law marriage that began under an impediment, such as when two minors marry without parental consent. Their marriage is not legal, but may be considered a legal marriage at common law in some states, once both have reached the legal age to marry.
The following states currently recognize common law marriage (with restrictions):
- Alabama
- Colorado
- District of Columbia
- Iowa
- Kansas
- Montana
- New Hampshire
- Oklahoma
- Rhode Island
- South Carolina
- Texas
- Utah
*Even states that don’t allow common law marriage, recognize legal common law marriages from other states.
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