Common-law marriage is only recognized in eight U.S. states and the District of Columbia without saying “I do.” These jurisdictions recognize common law marriage, where couples can establish a legally valid union simply by living together and presenting themselves as spouses.
If you’re in a committed relationship and cohabitating in one of these states, you might already be married in the eyes of the law. So, which states are still saying “yes” to common law marriage?
1. Colorado
In the Centennial State, couples can establish a common law marriage simply by living together and presenting themselves as married to the public.
Colorado’s Supreme Court recently revised the elements for common law marriage, stating that the core inquiry is whether the parties intended to enter a marital relationship. (ref)
So, if you’re cohabitating in Colorado and referring to each other as spouses, congratulations – you may already be hitched!
The Rocky Mountain State is one of only a handful that allows couples to establish a legally recognized marriage without a formal ceremony or license.
But be aware if you meet the criteria for common law marriage in Colorado, you’ll need to go through a traditional divorce process to end the relationship.
2. Iowa
Iowa is another state that recognizes common law marriage, allowing couples to establish a legal union without the formalities of a wedding ceremony.
The Hawkeye State doesn’t specify a minimum cohabitation period but does require that couples continuously live together and have a reputation in the community as being married.
Interestingly, Iowa is one of the few states that has never prohibited common-law marriage since it became a state.
If you’re an Iowan in a committed relationship and presenting yourselves as spouses, you likely already have the same rights and obligations as traditionally married couples.
3. Kansas
In Kansas, couples can also establish a common law marriage by meeting certain criteria.
The Sunflower State requires that both partners be at least 18 years old, mentally capable of committing a crime, and not prohibited from marrying by other laws. Additionally, the couple must represent themselves as married to the public.
What constitutes “representing themselves as married” can vary but typically involves using the same last name, filing joint tax returns, and referring each other as spouses.
If you meet these requirements in Kansas, the state will consider you legally married in the eyes of the law.
4. Montana
Montana is another western state that allows couples to establish a legally recognized marriage without a formal ceremony. The Treasure State’s marriage statutes don’t prohibit or invalidate common law marriages, leaving the door open for couples to tie the knot informally.
Like other common law marriage states, Montana requires that the couple mutually consent to the marriage, live together, and have a reputation in the community as being married.
Interestingly, Montana is one of only three states (along with Colorado and Texas) that recognize common law marriage and putative spouse doctrine, which can protect someone who believed in good faith that they were married.
5. Oklahoma
Oklahoma is one of the few states where common law marriage has been the subject of some legal ambiguity in recent years.
To be recognized as common law spouses in the Sooner State, a couple must prove that they are living together, financially interdependent, not closely related by blood, and at least 18 years old.
However, Oklahoma’s statutes and case law have had conflicting stances on common-law marriage, leading to confusion.
If you believe you may be common law married in Oklahoma, it’s wise to consult with a local attorney to understand your rights and obligations.
6. Rhode Island
The Ocean State is among the few on the East Coast recognizing common law marriage. In Rhode Island, a couple must meet two key requirements: they must intend to be married and present themselves to the community as a married couple.
Evidence of presenting as married could include things like wearing wedding rings, using the same last name, and referring to each other as spouses in public.
Additionally, the couple generally must live together, though Rhode Island law doesn’t specify a minimum cohabitation period.
7. Texas
Like its western neighbors Colorado and Montana, Texas is another state where you can establish a legally recognized marriage without the formalities of a ceremony or license.
The Lone Star State requires three elements for a common law (or “informal”) marriage: the couple must agree to be married, live together in Texas as spouses, and represent to others that they are married.
Interestingly, Texas is one of the few states that allows couples to register their common law marriage by signing a declaration form and filing it with the county clerk.
However, this is optional and not a requirement to establish an informal marriage in the state.
8. District of Columbia
While not technically a state, the District of Columbia recognizes common law marriage. The nation’s capital requires that the couple cohabitate and have an express mutual agreement to be married.
D.C. law also looks for evidence that the couple has a “general reputation” as being married. This could include maintaining joint bank accounts and credit cards or naming each other as spouses on insurance policies.
If you meet these criteria in the District, you’re considered legally married under its laws.
9. New Hampshire
New Hampshire is a unique entry on this list, as it only recognizes common law marriage for inheritance purposes. The Granite State passed a law 1987 allowing an unmarried couple’s surviving partner to inherit assets if they were cohabitating for at least three years before one partner’s death.
So, while you can’t establish a full common law marriage in New Hampshire, the state does provide some legal recognition and protection for long-term committed couples, at least regarding inheritance rights.
It’s a small but significant distinction that sets New Hampshire apart.
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Nancy Maffia
Nancy received a bachelor’s in biology from Elmira College and a master’s degree in horticulture and communications from the University of Kentucky. Worked in plant taxonomy at the University of Florida and the L. H. Bailey Hortorium at Cornell University, and wrote and edited gardening books at Rodale Press in Emmaus, PA. Her interests are plant identification, gardening, hiking, and reading.
