Common-Law Marriage Checker
Pick the state where you and your partner lived together, the year the relationship began, and where you live now. The checker shows whether that state lets a couple form a common-law marriage, any cutoff date, and whether your current state is likely to recognize it, each with its official source. It runs in your browser; nothing you enter is stored or sent. Every state was checked against its source on October 19, 2026.
Choose the state where you lived together to see what its law says.
How common-law marriage works
A common-law marriage is a legal marriage formed without a license or a ceremony. Where it is still allowed, the couple must agree to be married right now (not someday), live together, and present themselves to others as a married couple. Each state words these elements a little differently, and some add a minimum age.
Living together is never enough on its own. A couple who share a home but never agreed to be married, or who tell people they are not married, do not have a common-law marriage in any state.
No state's rule creates a common-law marriage after a set number of years of living together. The "seven-year rule" is a myth. The only waiting period on this map is New Hampshire's 3 years, and it applies only after one partner dies.
Once formed, a common-law marriage is a marriage. It carries the same rights to property, support and inheritance, and it ends only through a divorce or the death of a spouse. There is no common-law divorce.
Which states recognize common-law marriage
Only 7 states and the District of Columbia still let a couple form a new common-law marriage: Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas and the District of Columbia. New Hampshire and Utah recognize one only in a narrow form.
Another 17 states abolished common-law marriage but still recognize one that was formed there before a cutoff date. The rest require a license and a ceremony. Choose a state in the map or the table below for its rule and source.
Common-law marriage states map
7 states and the District of Columbia still let a couple form a new common-law marriage.
2 more states recognize one only in a narrow form: after a partner dies, or through a court order.
17 states abolished common-law marriage but still recognize one formed there before a cutoff date.
- Still allowed (7 states + DC)A couple can still form a new common-law marriage.
- Limited (2 states)Recognized only in a narrow form (after a death, or by court order).
- Abolished, older ones valid (17 states)No new ones, but one formed before the cutoff date can still be recognized.
- Not allowed (24 states)Cannot be formed in the state. No exact cutoff date was confirmed; where a source names the year it ended, the row says so.
This map shows whether a couple can FORM a common-law marriage in each state. Whether a particular couple is married is a fact question only a court or agency decides. A common-law marriage formed where it was allowed is usually recognized elsewhere, and it ends only by divorce or death. No state requires a set number of years together.
Each state checked against its official source. Last checked October 19, 2026.
Show every state, with the law behind each answer
| State | Answer | What it means | Authority (official source) |
|---|---|---|---|
| Alabama | Abolished, older ones valid | Abolished. None may be entered into on or after January 1, 2017. A common-law marriage validly formed before the cutoff can still be recognized. | Ala. Code § 30-1-20 (opens the official source in a new tab) |
| Alaska | Abolished, older ones valid | Abolished. A marriage contracted after January 1, 1964 is void unless it was licensed and solemnized. Before then, the Social Security Administration reads Alaska law as still requiring a marriage license (from 1939), so an informal marriage with no license is unlikely to have been valid.The pre-1964 license point rests on the Social Security Administration's summary of Alaska law (POMS GN 00305.075). | AS 25.05.311; AS 25.05.061 (opens the official source in a new tab) |
| Arizona | Not allowed | A couple cannot form a common-law marriage here; a license and ceremony are required. No source we read gives a date when it was last allowed. | A.R.S. § 25-111; § 25-112 (opens the official source in a new tab) |
| Arkansas | Not allowed | A couple cannot form a common-law marriage here; a license and ceremony are required. No source we read gives a date when it was last allowed.Classification is being re-checked against the official source. | Fryar v. Roberts, 346 Ark. 432 (2001) (opens the official source in a new tab) |
| California | Not allowed | A couple cannot form a common-law marriage here; a license and ceremony are required. No source we read gives a date when it was last allowed. | Cal. Fam. Code § 300(a) (opens the official source in a new tab) |
| Colorado | Still allowed | Still allowed. The couple must mutually agree to be married and then act in a way that shows it. Both must be at least 18 and free to marry. | C.R.S. § 14-2-109.5; In re Marriage of Hogsett & Neale, 2021 CO 1 (opens the official source in a new tab) |
| Connecticut | Not allowed | A couple cannot form a common-law marriage here; a license and ceremony are required. No source we read gives a date when it was last allowed.This row rests on the Social Security Administration's summary of state law (POMS GN 00305.075) and is being checked against the state's own code. | Conn. Gen. Stat. § 46b-24 (license); SSA POMS GN 00305.075 (opens the official source in a new tab) |
| Delaware | Not allowed | A couple cannot form a common-law marriage here; a license and ceremony are required. No source we read gives a date when it was last allowed.This row rests on the Social Security Administration's summary of state law. Delaware's marriage statute (13 Del. C. § 126) says the license chapter does not by itself invalidate an otherwise lawful common-law marriage, and the state rule is being checked against Delaware case law. | SSA POMS GN 00305.075 (Delaware) (opens the official source in a new tab) |
| District of Columbia | Still allowed | Still allowed. The couple must expressly agree, in words of the present tense, to be married, and then live together as spouses. | East v. East, 536 A.2d 1103 (D.C. 1988); Hoage v. Murch Bros., 50 F.2d 983 (1931) (opens the official source in a new tab) |
| Florida | Abolished, older ones valid | Abolished. Not valid if entered into after January 1, 1968. A common-law marriage validly formed before the cutoff can still be recognized. | Fla. Stat. § 741.211 (opens the official source in a new tab) |
| Georgia | Abolished, older ones valid | Abolished. None may be entered into on or after January 1, 1997. A common-law marriage validly formed before the cutoff can still be recognized. | O.C.G.A. § 19-3-1.1 (opens the official source in a new tab) |
| Hawaii | Not allowed | A couple cannot form a common-law marriage here; a license and ceremony are required. No source we read gives a date when it was last allowed.This row rests on the Social Security Administration's summary of state law (POMS GN 00305.075) and is being checked against the state's own code. | HRS § 572-1; SSA POMS GN 00305.075 (opens the official source in a new tab) |
| Idaho | Abolished, older ones valid | Abolished. Not recognized if formed on or after January 1, 1996. A common-law marriage validly formed before the cutoff can still be recognized. | Idaho Code § 32-201 (opens the official source in a new tab) |
| Illinois | Abolished, older ones valid | Abolished. Invalid if contracted in Illinois after June 30, 1905. A common-law marriage validly formed before the cutoff can still be recognized. | 750 ILCS 5/214 (opens the official source in a new tab) |
| Indiana | Abolished, older ones valid | Abolished. Void if entered into after January 1, 1958. A common-law marriage validly formed before the cutoff can still be recognized. | Ind. Code § 31-11-8-5 (opens the official source in a new tab) |
| Iowa | Still allowed | Still allowed. The person claiming the marriage must prove a present agreement to be married, continuous cohabitation, and a public declaration that the couple is married. | In re Marriage of Winegard, 278 N.W.2d 505 (Iowa 1979) (opens the official source in a new tab) |
| Kansas | Still allowed | Still allowed. It requires capacity to marry, a present agreement to be married, and holding each other out to the public as spouses. Both must be at least 18. | K.S.A. 23-2502; In re Common-Law Marriage of Kelley (Kan. Feb. 27, 2026) (opens the official source in a new tab) |
| Kentucky | Not allowed | A couple cannot form a common-law marriage here; a license and ceremony are required. No source we read gives a date when it was last allowed.This row rests on the Social Security Administration's summary of state law (POMS GN 00305.075) and is being checked against the state's own code. | SSA POMS GN 00305.075 (Kentucky); KRS ch. 402 (not read) (opens the official source in a new tab) |
| Louisiana | Not allowed | A couple cannot form a common-law marriage here; a license and ceremony are required. No source we read gives a date when it was last allowed.This row rests on the Social Security Administration's summary of state law (POMS GN 00305.075) and is being checked against the state's own code. | SSA POMS GN 00305.075 (Louisiana) (opens the official source in a new tab) |
| Maine | Not allowed | A couple cannot form a common-law marriage here; a license and ceremony are required. No source we read gives a date when it was last allowed.This row rests on the Social Security Administration's summary of state law (POMS GN 00305.075) and is being checked against the state's own code. | 19-A M.R.S. ch. 23; SSA POMS GN 00305.075 (opens the official source in a new tab) |
| Maryland | Not allowed | A couple cannot form a common-law marriage here; a license and ceremony are required. No source we read gives a date when it was last allowed. | Blaw-Knox Constr. Equip. Co. v. Morris, 88 Md. App. 655 (1991), citing Goldin v. Goldin, 48 Md. App. 154 (opens the official source in a new tab) |
| Massachusetts | Not allowed | A couple cannot form a common-law marriage here; a license and ceremony are required. No source we read gives a date when it was last allowed.This row rests on the Social Security Administration's summary of state law (POMS GN 00305.075) and is being checked against the state's own code. | SSA POMS GN 00305.075 (Massachusetts); Commonwealth v. Munson, 127 Mass. 459 (1879) (opens the official source in a new tab) |
| Michigan | Abolished, older ones valid | Abolished. Consent alone does not create a marriage on and after January 1, 1957. A common-law marriage validly formed before the cutoff can still be recognized. | MCL 551.2 (opens the official source in a new tab) |
| Minnesota | Abolished, older ones valid | Abolished. Void if contracted after April 26, 1941 without a license and ceremony. A common-law marriage validly formed before the cutoff can still be recognized. | Minn. Stat. § 517.01 (opens the official source in a new tab) |
| Mississippi | Abolished, older ones valid | Abolished. Not valid if contracted after April 5, 1956 without a license. A common-law marriage validly formed before the cutoff can still be recognized. | Miss. Code § 93-1-15(1) (opens the official source in a new tab) |
| Missouri | Not allowed | Not allowed. Missouri law declares common-law marriages null and void, and Missouri courts date the ban to 1921.Missouri courts date the ban to 1921; the exact effective date is being checked. | RSMo § 451.040 (opens the official source in a new tab) |
| Montana | Still allowed | Still allowed. It requires competent parties, a mutual agreement to be married, cohabitation, and a public reputation as a married couple. A brief stay in Montana does not create one. | MCA § 40-1-403; Estate of Zugg, 421 Mont. 368, 567 P.3d 297 (2025) (opens the official source in a new tab) |
| Nebraska | Not allowed | Not allowed. Nebraska has required a license for a valid marriage since a 1923 amendment; the Legislature's annotations say a common-law marriage entered into in Nebraska is not valid unless entered into before 1923.The exact 1923 effective date is being checked. | Neb. Rev. Stat. § 42-104 (opens the official source in a new tab) |
| Nevada | Abolished, older ones valid | Abolished. Marriage contracts in effect before March 29, 1943 are not invalidated; after that, a ceremony is required. A common-law marriage validly formed before the cutoff can still be recognized. | NRS 122.010 (opens the official source in a new tab) |
| New Hampshire | Limited | Living couples cannot form one. But a couple who lived together, acknowledged each other as spouses and were generally reputed to be married for 3 years, until one of them died, are treated as legally married after the death. | RSA 457:39; RSA 457:40 (opens the official source in a new tab) |
| New Jersey | Abolished, older ones valid | Abolished. Common-law marriages contracted before December 1, 1939 stay valid; after that, a license is required. A common-law marriage validly formed before the cutoff can still be recognized. | N.J.S.A. 37:1-10 (opens the official source in a new tab) |
| New Mexico | Not allowed | A couple cannot form a common-law marriage here; a license and ceremony are required. No source we read gives a date when it was last allowed.This row rests on the Social Security Administration's summary of state law (POMS GN 00305.075) and is being checked against the state's own code. | SSA POMS GN 00305.075 (New Mexico); NMSA 40-1-1 (not read) (opens the official source in a new tab) |
| New York | Abolished, older ones valid | Abolished. Not recognized if formed in New York on or after April 29, 1933. A common-law marriage validly formed before the cutoff can still be recognized.This row rests on the Social Security Administration's summary of state law (POMS GN 00305.075) and is being checked against the state's own code. New York also did not recognize common-law marriages formed from 1902 through 1907. | N.Y. Dom. Rel. Law § 11; SSA POMS GN 00305.075 (New York) (opens the official source in a new tab) |
| North Carolina | Not allowed | A couple cannot form a common-law marriage here; a license and ceremony are required. No source we read gives a date when it was last allowed. | N.C.G.S. § 51-1 (opens the official source in a new tab) |
| North Dakota | Not allowed | A couple cannot form a common-law marriage here; a license and ceremony are required. No source we read gives a date when it was last allowed.This row rests on the Social Security Administration's summary of state law (POMS GN 00305.075) and is being checked against the state's own code. The Social Security Administration, citing Cermak v. Cermak, 569 N.W.2d 280 (N.D. 1997), notes that the 1890 legislature abolished nonceremonial marriage; no exact date is given. | N.D.C.C. § 14-03-01; SSA POMS GN 00305.075 (opens the official source in a new tab) |
| Ohio | Abolished, older ones valid | Abolished. Prohibited on and after October 10, 1991. A common-law marriage validly formed before the cutoff can still be recognized. | ORC § 3105.12(B) (opens the official source in a new tab) |
| Oklahoma | Still allowed | Still recognized by the Oklahoma courts. It forms when both partners consent to be married at the same time; courts look at cohabitation, conduct as spouses and how others see the couple. | Standefer v. Standefer, 2001 OK 37, 26 P.3d 104 (opens the official source in a new tab) |
| Oregon | Not allowed | A couple cannot form a common-law marriage here; a license and ceremony are required. No source we read gives a date when it was last allowed. | ORS 106.010 (opens the official source in a new tab) |
| Pennsylvania | Abolished, older ones valid | Abolished. Not valid if contracted after January 1, 2005; those contracted on or before that date stay valid. A common-law marriage validly formed before the cutoff can still be recognized. | 23 Pa.C.S. § 1103 (opens the official source in a new tab) |
| Rhode Island | Still allowed | Still allowed. The marriage must be proved by clear and convincing evidence of an agreement to be married, cohabitation and holding out as spouses. | Luis v. Gaugler, 185 A.3d 497 (R.I. 2018); Sardonis v. Sardonis, 106 R.I. 469, 261 A.2d 22 (1970); R.I. H 5258 (2025) (opens the official source in a new tab) |
| South Carolina | Abolished, older ones valid | Abolished. No one may enter into a common-law marriage in South Carolina after July 24, 2019, the date of Stone v. Thompson. One formed before then can still be recognized, but it must be proved by clear and convincing evidence. | Stone v. Thompson, 428 S.C. 79, 833 S.E.2d 266 (2019) (opens the official source in a new tab) |
| South Dakota | Abolished, older ones valid | Abolished. Marriages consented to and consummated before July 1, 1959 are not invalidated; after that, a ceremony is required. A common-law marriage validly formed before the cutoff can still be recognized. | SDCL 25-1-29 (opens the official source in a new tab) |
| Tennessee | Not allowed | A couple cannot form a common-law marriage here; a license and ceremony are required. No source we read gives a date when it was last allowed.This row rests on the Social Security Administration's summary of state law (POMS GN 00305.075) and is being checked against the state's own code. | SSA POMS GN 00305.075 (Tennessee) (opens the official source in a new tab) |
| Texas | Still allowed | Still allowed as an "informal marriage", proved either by a signed declaration of informal marriage or by an agreement to be married, living together in Texas as spouses, and telling others they are married. Both must be at least 18. | Tex. Fam. Code § 2.401 (opens the official source in a new tab) |
| Utah | Limited | Not created by the couple alone: a court must enter an order validating the marriage, on a petition filed during the relationship or within one year after it ends. No new petition may be filed on or after May 5, 2027.The petition route closes on May 5, 2027 under the 2026 amendment. | Utah Code § 81-2-408 (eff. 5/6/2026; amended by 2026 General Session ch. 347) (opens the official source in a new tab) |
| Vermont | Not allowed | A couple cannot form a common-law marriage here; a license and ceremony are required. No source we read gives a date when it was last allowed.This row rests on the Social Security Administration's summary of state law (POMS GN 00305.075) and is being checked against the state's own code. | 15 V.S.A. § 8; SSA POMS GN 00305.075 (opens the official source in a new tab) |
| Virginia | Not allowed | A couple cannot form a common-law marriage here; a license and ceremony are required. No source we read gives a date when it was last allowed. | Va. Code § 20-13 (opens the official source in a new tab) |
| Washington | Not allowed | A couple cannot form a common-law marriage here; a license and ceremony are required. No source we read gives a date when it was last allowed.This row rests on the Social Security Administration's summary of state law (POMS GN 00305.075) and is being checked against the state's own code. The cited statute requires a licensed, solemnized marriage but does not mention common-law marriage by name. | RCW 26.04.010 (opens the official source in a new tab) |
| West Virginia | Not allowed | A couple cannot form a common-law marriage here; a license and ceremony are required. No source we read gives a date when it was last allowed. | W. Va. Code § 48-2-101 (opens the official source in a new tab) |
| Wisconsin | Not allowed | Not allowed. The Social Security Administration reads Wisconsin law as not recognizing common-law marriages formed there after 1917.This row rests on the Social Security Administration's summary of state law (POMS GN 00305.075) and is being checked against the state's own code. The 1917 date rests on that summary. | Wis. Stat. § 765.01; SSA POMS GN 00305.075 (opens the official source in a new tab) |
| Wyoming | Not allowed | A couple cannot form a common-law marriage here; a license and ceremony are required. No source we read gives a date when it was last allowed. | Wyo. Stat. § 20-1-111; § 20-1-101 (opens the official source in a new tab) |
General legal information, not legal advice. Laws change, and how a rule applies depends on facts this map cannot see. Check the official source for your state, and talk to a licensed attorney in that state about your situation.
If you moved, or lived in more than one state
A common-law marriage that was validly formed where the couple lived is usually treated as valid in other states, even in states that do not allow one to be formed. Several states say so in a statute, and courts elsewhere apply the general rule that a marriage valid where it was made is valid everywhere.
Short visits are different. Some states refuse to recognize a common-law marriage that their own residents claim from a brief trip to a state that allows it, and the allowing states themselves often say a temporary stay does not create one. The checker shows these limits where a source states them.
For a cutoff state, what matters is when the relationship began there. A couple who met every requirement before the cutoff can still have a valid marriage; a relationship that began after it cannot form one in that state.
What this checker does not do
- It does not decide whether you are married. Only a court or a government agency can make that finding, based on the facts of your relationship.
- It does not weigh your evidence. Proof such as joint tax returns, a shared lease or mortgage, insurance listing a spouse, and how you introduced each other can matter a great deal.
- It covers the 50 states and the District of Columbia, not tribal law, territories or other countries.
- It describes the law as of the date above. Legislatures can change these rules; abolition bills are introduced from time to time.
- It is general information, not legal advice. For a divorce, an inheritance or a benefits claim, talk to a family-law attorney licensed in the state involved.
Frequently Asked Questions
What states recognize common-law marriage?
7 states and the District of Columbia still allow a couple to form one: Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas and the District of Columbia. New Hampshire and Utah recognize it only in a narrow form, and 17 states recognize ones formed before a cutoff date. Most states recognize a common-law marriage validly formed in another state, and many say so by statute.
How long do you have to live together to be common-law married?
There is no set period. No state creates a common-law marriage after a number of years of living together. What counts is an agreement to be married now, living together, and presenting yourselves as married. The only waiting period on this map is New Hampshire's 3 years, and it applies only after one partner dies.
Do you need a divorce to end a common-law marriage?
Yes. A common-law marriage is a legal marriage, so it ends only by divorce or the death of a spouse. Simply moving out does not end it, and a new marriage without a divorce can be invalid.
Does a common-law marriage stay valid if a couple moves to a state that does not allow them?
A common-law marriage validly formed in the state where the couple lived is generally recognized by other states, including states that do not allow new ones; several say so by statute. Some states make exceptions, for example for a marriage their own residents claim from a short visit to another state. Whether a particular couple formed one is decided by a court or agency.
Can visiting a common-law marriage state create a marriage?
Usually not. The states that allow common-law marriage generally require the couple to live there as a married couple, and a vacation or a short stay is not enough. Several states also refuse to recognize a common-law marriage their residents claim from a brief trip. Courts have occasionally found one from a short stay when the couple also held themselves out as married there, so the facts matter.
How do you prove a common-law marriage?
With evidence that you agreed to be married and lived as a married couple: joint tax returns filed as married, a shared lease, deed or mortgage, insurance or benefit forms naming a spouse, and testimony about how you introduced each other. Texas also lets a couple sign and record a declaration of informal marriage.
Sources
- C.R.S. § 14-2-109.5; In re Marriage of Hogsett & Neale, 2021 CO 1
- East v. East, 536 A.2d 1103 (D.C. 1988); Hoage v. Murch Bros., 50 F.2d 983 (1931)
- In re Marriage of Winegard, 278 N.W.2d 505 (Iowa 1979)
- K.S.A. 23-2502; In re Common-Law Marriage of Kelley (Kan. Feb. 27, 2026)
- MCA § 40-1-403; Estate of Zugg, 421 Mont. 368, 567 P.3d 297 (2025)
- RSA 457:39; RSA 457:40
- Standefer v. Standefer, 2001 OK 37, 26 P.3d 104
- Luis v. Gaugler, 185 A.3d 497 (R.I. 2018); Sardonis v. Sardonis, 106 R.I. 469, 261 A.2d 22 (1970); R.I. H 5258 (2025)
- Tex. Fam. Code § 2.401
- Utah Code § 81-2-408 (eff. 5/6/2026; amended by 2026 General Session ch. 347)
- Social Security Administration, POMS GN 00305.075: State laws on common-law marriage
Each state's rule was checked against the source listed in the table on October 19, 2026. Found something out of date? See our editorial standards.
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