If you are in love with someone, you may be wondering about your options as you plan to start your life together. Legal marriage is not always the preferable fit for some couples. If you are seeking an official relationship status without the paperwork, you may aim for a common law marriage.
Can You Be Married, but Not Legally?
The short answer is yes. However, it’s important to know that a common law marriage does not always give you the same benefits as a legal marriage. Even if your relationship ends, a legal marriage can still provide benefits. But if your common law marriage ends, you may not receive these kinds of benefits.
As you consider your options, you probably have some questions: How many years is common law marriage required to exist before it is recognized? What are the states with common law marriage? Read on to get the answers you and your partner need as you prepare for life together.
What are the Common Law Marriage Requirements?
You may avoid certain paperwork and obligations when you choose common law over legal marriage, but you still have to meet certain conditions to be considered married. Here are a few:
- You and/or your partner must not be legally married to someone else while you are seeking recognition for your common law marriage.
- You and your partner must both be of sound mind.
- Live together with your partner in a state where common law marriage is recognized.
- Live together for a long time.
- You and your partner need to keep joint finances, such as bank accounts and credit cards. Mortgages and leases also count.
- You and your partner need to acknowledge yourselves as a married couple. Even consider using the same last name for recognition.
- A few states require you and your partner to file joint income tax returns.
Which States Recognize Common Law Marriage?
Not many states are in the business of officially recognizing common law marriage. Here is a list of the states where it is currently accepted, as well as some of their requirements:
Colorado
Couples seeking recognition on or after September 1, 2006, must prove that each partner is 18 or older, and that their relationship is not violating other existing laws.
Iowa
Common law marriage is intended to support dependents, such as minor children shared by the couple. If the couple does not have dependents, they can still seek recognition.
Kansas
Each partner must recognize the other as their spouse within their community. They must also prove that they are 18 or older and are mentally able to make such a big commitment.
Montana
Common law does not violate this state’s marriage chapter, so it is not prohibited.
New Hampshire
“Cohabitation” (New Hampshire’s preferred term for common law marriage) is recognized for inheritance purposes. For example, if one of the partners dies after living together for at least three years, the state will recognize the surviving spouse for estate planning purposes.
Oklahoma
This state has one of the most contentious histories with common law marriage. Unions formed before November 1, 1998, are still recognized. However, after 1998, the issue became more delicate. You and your partner can still get recognized here as long as you can prove you are not related by blood, are both 18 or older, are living together, and share joint finances.
Rhode Island
You and your partner must acknowledge each other as spouse. You must cohabit and conduct your life as a legally married couple would live.
South Carolina
This state is quite lenient with common law marriage. It does not require a certificate to prove your marriage, and it does not have any specific laws regarding common law unions.
Texas
You and your partner must live together, tell your friends and family that you are married, and acknowledge each other as spouse.
Utah
You and your partner must both agree to the common law marriage and acknowledge yourselves as married to your community.
How Long Do You Have to Be Together for Common Law Marriage?
No state lists a specific time frame. While you and your partner must cohabit to be considered married at some point, you will not find an official time frame in which you must live together before your common law marriage can be recognized.
Are You Legally Married After Living Together for 7 Years?
Just to be safe, make sure you and your partner have cohabited in the same residence for at least one solid year before you start seeking recognition. Many people think a good time frame for cohabitation is 7 years, while others think it is 10. But we can say this for sure: before at least one year, it is probably not worth your time to seek recognition, as courts most likely will not work with you.
Looking for Legal Help?
Navigating a common law marriage is no simple task. You’ll need to understand the legal obligations in your area, as well as the requirements you need to fulfill before you can even start seeking recognition with your partner. That’s why it’s important to have a lawyer on your side.
A LegalShield Membership gives you access to a dedicated provider law firm in your area. You’ll get access to LegalShield provider lawyers who can offer advice, provide unlimited consultation, review paperwork, make phone calls and draft legal documents, and help with many other legal aspects of your common law marriage journey.
Thinking of officially tying the knot? Read our legal guide on getting married to get familiar with everything you might need.
Keep yourself legally protected with LegalShield’s personal plan!
See also: Yes, You Can Change You Last Name Without Getting Married
Pre-Paid Legal Services, Inc. (“PPLSI”) provides access to legal services offered by a network of provider law firms to PPLSI members through membership-based participation. Neither PPLSI nor its officers, employees or sales associates directly or indirectly provide legal services, representation, or advice. The information available in this blog is meant to provide general information and is not intended to provide legal advice, render an opinion, or provide any specific recommendations. The blog post is not a substitute for competent legal counsel from a licensed professional lawyer in the state or province where your legal issues exist, and the reader is strongly encouraged to seek legal counsel for your specific legal matter. Information contained in the blog may be provided by authors who could be third-party paid contributors. All information by authors are accepted in good faith, however, PPLSI makes no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of such information.
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No state lists a specific time frame. While you and your partner must cohabit to be considered married at some point, you will not find an official time frame in which you must live together before your common law marriage can be recognized.
