Common Law Marriage FAQ
Learn what common law marriage is and in what states it's recognized.
What is a common law marriage?
In a handful of states (listed below), heterosexual couples can become legally married without a license or ceremony. This type of marriage is called a common law marriage. Contrary to popular belief, a common law marriage is not created when two people simply live together for a certain number of years. In order to have a valid common law marriage, the couple must do all of the following:
- live together for a significant period of time (not defined in any state)
- hold themselves out as a married couple typically this means using the same last name, referring to the other as "my husband" or "my wife," and filing a joint tax return, and
- intend to be married.
When a common law marriage exists, the spouses receive the same legal treatment given to formally married couples, including the requirement that they go through a legal divorce to end the marriage.
Which states allow common law marriage?
These are the only states that allow couples to create a common law marriage:
Alabama |
Can I change my name if my marriage is common law?
Yes, anyone can do a name change. In theory, most states allow you to legally change your name by usage only meaning that you simply start using your new name without any court action, and at no cost.
However, practically speaking, because you don't have a marriage certificate, you will need an official court order changing your name before you'll get government agencies and many private companies, such as banks and title companies, to accept your new name.
More Information
For more information on how unmarried couples can document their relationship, see Living Together: A Legal Guide for Unmarried Couples, by Ralph Warner, Toni Ihara, and Frederick Hertz (Nolo).
Nolo. (Reviewed 2016). Common Law Marriage FAQ Retrieved 7/7/2016 from http://www.nolo.com/.