Define: Common Law Marriage

Common law marriage, also known as informal marriage or marriage by habit and repute, is a legal concept that recognises a marital relationship between two individuals who have not obtained a formal marriage licence or participated in a formal wedding ceremony but have lived together as spouses and held themselves out as married in the community. In jurisdictions that recognise common law marriage, couples may be considered legally married if they meet certain criteria, typically including cohabitation, mutual consent to be married, and a reputation or public acknowledgment of their marital status. Common law marriage grants couples many of the same legal rights and responsibilities as formally married couples, including property rights, inheritance rights, and the ability to make medical decisions for each other. However, not all states or countries recognise common law marriage, and the requirements for establishing a common law marriage vary widely depending on the jurisdiction. It is important for couples considering common law marriage to understand the laws and requirements in their particular location to ensure their relationship is legally recognised.

Common law marriage is a legal concept that recognises a couple as married, even if they have not gone through a formal marriage ceremony or obtained a marriage licence. In order to establish a common-law marriage, certain requirements must be met, such as cohabitation, mutual consent to be married, and holding themselves out as a married couple. The recognition of common-law marriage varies by jurisdiction, with some states recognising it and others not. In states that do recognise common-law marriage, the couple may have the same legal rights and responsibilities as formally married couples, including property rights, inheritance rights, and the ability to file joint tax returns. However, it is important to note that not all states recognise common-law marriage, and the requirements for establishing a common-law marriage can vary.

In some US states,this is a type of marriage in which couples can become legally married by living together for a long period of time, representing themselves as a married couple, and intending to be married. Contrary to popular belief, the couple must intend to be married and act as though they are for a common-law marriage to take effect—merely living together for a long time won’t do it.

Common-law marriage is legal in Alabama, Colorado, Georgia, Idaho, Iowa, Kansas, Montana, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas, and Utah, thereby recognising a marriage for purposes of giving the other party the rights of a spouse, including inheritance or employee benefits. Such informal partnerships are recognised by some local governments for purposes of the rights of a spouse under employment contracts and pension rights, even where the state does not recognise this as a marriage.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 11th April 2024.