Common Law Marriage in the District of Columbia: Is It Recognized? (2026)

The District of Columbia recognizes common law marriage. A couple can enter a valid marriage in DC without a license or ceremony, provided they make a present-tense mutual agreement to be spouses and then cohabit as a married couple. DC courts have applied this rule for nearly a century, and it was reaffirmed in East v. East, 536 A.2d 1103 (D.C. 1988). There is no minimum number of years the couple must live together, and the popular seven-year rule is a myth.

Information last verified on June 2, 2026.

For context on how other states handle this topic, see Common law marriage by state.

Does the District of Columbia recognize common law marriage?

Yes. The District of Columbia has recognized common law marriage since at least 1931, when the Court of Appeals of the District of Columbia (the predecessor of today's DC Circuit) decided Hoage v. Murch Brothers Construction Co. The rule was reaffirmed and clarified by the DC Court of Appeals in East v. East, 536 A.2d 1103 (D.C. 1988), which remains the controlling statement of DC common law marriage doctrine.

Under DC law, a couple can enter a valid marriage without obtaining a license from the DC Marriage Bureau and without any ceremony. The marriage arises from the parties' own mutual agreement, provided that agreement meets the legal requirements. Once formed, a DC common law marriage carries the same legal weight as any licensed marriage: it creates spousal rights to inheritance, property division on divorce, spousal privilege in legal proceedings, and all other benefits and obligations that flow from marriage under DC law.

DC is in a minority of American jurisdictions that still allow new common law marriages to form. Most states have abolished or never recognized common law marriage formation, though all states recognize a common law marriage that was validly formed elsewhere.

The two requirements for a DC common law marriage

DC common law marriage doctrine rests on two elements, both of which must be satisfied:

1. A present-tense mutual agreement to be spouses

The couple must make a mutual agreement, in words of present tense, that they are taking each other as spouses right now. The legal shorthand is "words of present tense" or "in praesenti" language. Each party must express, through words or conduct that functions as words, that the marriage exists in the present moment.

A future promise does not satisfy this element. Saying "I will marry you" or "let's get married someday" is a betrothal, not a marriage agreement. East v. East, quoting an earlier D.C. decision, stated that the agreement to be husband and wife must be "in words of the present tense."

The agreement does not need to be written down or made in a formal setting. It can be oral. However, because there is no written marriage certificate, the agreement must later be proved by a preponderance of the evidence, so contemporaneous documentation matters.

2. Cohabitation as spouses following the agreement

After the present-tense agreement is made, the couple must cohabit, meaning they must live together and conduct themselves as a married couple. Cohabitation is not merely sharing a residence; it encompasses the mutual assumption of the rights and responsibilities that ordinarily characterize a married life together.

These two elements are the core requirements. Holding out publicly as married (discussed below) is relevant evidence, but it functions as evidence rather than as a third independent requirement, and a general reputation in the community as being married, without more, is not sufficient to establish a common law marriage (East v. East).

Holding out as married: evidence, not an independent element

In many states that recognize common law marriage, "holding out" publicly as married is treated as a separate third element alongside agreement and cohabitation. In DC, controlling case law requires proof of an express mutual agreement to be spouses followed by cohabitation, and holding out is not an independent requirement.

Holding-out evidence includes:

• Referring to each other as husband, wife, or spouse in everyday conversation.
• Filing joint federal or DC income tax returns as married.
• Listing the partner as spouse on employer benefit enrollment forms, insurance policies, or pension beneficiary designations.
• Signing leases, mortgage applications, or bank account documents as a married couple.
• Introducing each other as spouses to family, friends, neighbors, and coworkers.
• Wearing wedding rings or otherwise presenting to the community as a married couple.
• Social media profiles or public announcements describing the relationship as a marriage.

This evidence can help show how the couple presented their relationship, but it has limits. In East v. East, the DC Court of Appeals held that when one of the parties asserts the marriage and testifies, he or she must affirmatively state that there was an express agreement to be married.

If such testimony is not presented, evidence of cohabitation, "even though followed by reputation, will not justify an inference of mutual consent or agreement to be married."

Because a common law marriage leaves no documentary trail at its formation, holding-out evidence is often a large part of the proof in a dispute, alongside the parties' own testimony, which East v. East (quoting an earlier decision) calls "the best evidence of an express agreement."

The standard of proof: preponderance of the evidence

A DC common law marriage is generally established by a preponderance of the evidence, meaning the factfinder must find it more likely than not that the marriage exists. The DC Court of Appeals has expressly held that common law marriage claims are not held to a higher burden than any other civil case (East v. East, 536 A.2d 1103, 1106 (D.C. 1988); Bansda v. Wheeler, 995 A.2d 189, 198 (D.C. 2010)). The one recognized exception is narrow: when a common law marriage allegedly preceded a later ceremonial marriage, the party asserting the earlier marriage must prove it by clear and convincing evidence, because doing so also means overcoming the strong legal presumption that the most recent marriage is valid.

This elevated standard reflects the importance DC courts place on certainty in marital status, particularly in disputes over inheritance, property division, or spousal benefits where large interests are at stake.

The practical implication is that a person claiming a DC common law marriage needs more than a partner's word or vague recollections. Courts look for objective documentary evidence: tax returns, insurance records, benefit designations, lease agreements, and third-party testimony from people who interacted with the couple as a married unit over time.

How a DC common law marriage is proved in legal proceedings

When the existence of a common law marriage is disputed (most often in inheritance or divorce proceedings), the party asserting the marriage bears the burden of proof. Useful evidence includes:

• Joint federal and DC income tax returns filed as married filing jointly or separately.
• Employer records showing the partner enrolled as a legal spouse for health insurance or retirement benefits.
• Lease agreements, mortgage documents, or bank accounts held jointly.
• Wills or estate planning documents naming the partner as spouse.
• Affidavits from family members, coworkers, or friends attesting that they knew the couple to be married.
• Correspondence or communications in which each party refers to the other as husband, wife, or spouse.
• Birth records for any children listing both parties as parents.
• Any oral or written statement in which one or both parties declared themselves to be married to each other.

No single item is decisive. Courts look at the totality of the circumstances. A couple with decades of joint tax returns, employer benefit enrollments as spouses, and consistent public identification as a married couple has a strong case. A couple with only informal statements and a shared address faces a much harder evidentiary challenge in meeting even the preponderance standard.

No minimum cohabitation period: debunking the 7-year myth

A persistent myth holds that a couple must live together for seven years to be common law married. This rule has never existed in the District of Columbia or in any US state. DC common law marriage doctrine, as articulated in East v. East and related cases, sets no minimum cohabitation period. The law asks whether the couple made a present-tense mutual agreement and then cohabited as spouses. It does not ask how many years they cohabited.

Conversely, a couple that has lived together for thirty years without ever making a present-tense mutual agreement to be spouses is not common law married in DC, no matter how long the cohabitation lasted.

The seven-year figure appears to derive from a misunderstanding of historical canon law concepts and has never been codified in any American jurisdiction.

How a DC common law marriage ends

Once a common law marriage exists in DC, it has exactly the same legal status as a licensed ceremonial marriage. It therefore ends in the same two ways: a formal court-ordered divorce, or the death of one spouse.

There is no such thing as a common law divorce. The parties cannot dissolve the marriage by mutual agreement, by separating, by moving apart, or by simply deciding the relationship is over. Without a DC Superior Court divorce decree, both parties remain legally married regardless of how long they have lived separately.

Any subsequent attempt to marry another person while the first marriage remains legally intact would produce a void marriage, since DC, like all US jurisdictions, does not permit bigamy. If you have separated from a common law spouse, get a free case evaluation from a DC family lawyer on the Superior Court divorce before either of you remarries (attorney advertising).

Divorce of a DC common law marriage in DC Superior Court follows the same procedural rules as any other DC divorce, including equitable distribution of marital property and consideration of spousal support under DC domestic relations law.

Out-of-state common law marriages recognized in DC

The District of Columbia also recognizes valid common law marriages formed in other jurisdictions. Under comity principles, if a couple forms a valid common law marriage in a state that permits it (such as Colorado, Iowa, Kansas, Montana, Rhode Island, or Texas) and then moves to DC, DC treats that marriage as fully valid. The out-of-state marriage must have been valid under the law of the jurisdiction where it was formed.

This rule works in reverse as well: a DC common law marriage that is validly formed here will generally be recognized in other states, including states that do not permit new common law marriages within their own borders, as long as the DC marriage satisfied DC's requirements at the time it was formed.

Disclaimer: This page provides general legal information about DC common law marriage law and is not legal advice. Laws can change and individual circumstances vary significantly. Common law marriage disputes often turn on detailed facts and require skilled legal analysis. Consult a licensed DC family law attorney for advice about your specific situation.

Related articles

• DC alimony laws
• DC child support laws
• Common law marriage by state

Last updated: June 2, 2026.

Frequently Asked Questions

Does DC recognize common law marriage?

Yes. The District of Columbia recognizes common law marriage. A valid DC common law marriage requires a present-tense mutual agreement by both parties to be spouses, followed by cohabitation as a married couple. The leading cases are Hoage v. Murch Brothers Construction Co. (1931) and East v. East, 536 A.2d 1103 (D.C. 1988).

What are the requirements for a common law marriage in DC?

Two requirements: (1) a present-tense mutual agreement by both parties to be spouses right now (not a promise to marry in the future), and (2) cohabitation as spouses following that agreement. Evidence of holding out publicly as married (joint taxes, benefit designations, referring to each other as spouse) can help, but when the party claiming the marriage testifies, he or she must affirmatively state that there was an express agreement to be married. The claim is generally proved by a preponderance of the evidence; a heightened clear-and-convincing standard applies only if the common law marriage allegedly preceded a later, competing ceremonial marriage.

How long do you have to live together to be common law married in DC?

There is no minimum cohabitation period under DC law. The seven-year rule is a myth that does not exist in DC or in any other US state. What matters is whether the couple made a present-tense mutual agreement to be spouses and then cohabited as a married couple, not how many years they lived together.

What is the difference between a present-tense agreement and a future promise?

A present-tense agreement means each party says, in effect, 'I take you as my spouse now.' A future promise means something like 'I will marry you someday' or 'let's get married.' Only the present-tense agreement creates a common law marriage. A future promise, even a sincere one, is a betrothal, not a marriage.

How is a DC common law marriage proved in court?

The party claiming the marriage must generally prove it by a preponderance of the evidence (a heightened clear-and-convincing standard applies only if the marriage allegedly preceded a later, competing ceremonial marriage). Useful evidence includes joint income tax returns filed as married, employer benefit enrollment records listing the partner as spouse, lease or mortgage documents held jointly, affidavits from people who knew the couple as married, and any statements by either party identifying the other as a spouse.

How does a common law marriage end in DC?

A DC common law marriage ends only through a formal DC Superior Court divorce decree or the death of one spouse. There is no common law divorce. Separating, moving apart, or agreeing to end the relationship does not dissolve the marriage. Both parties remain legally married until a court enters a divorce order.

Will DC recognize a common law marriage formed in another state?

Yes. DC recognizes a common law marriage that was validly formed in another jurisdiction under comity principles. If the couple satisfied the requirements of the state where the marriage was formed (such as Colorado, Iowa, Kansas, Montana, Rhode Island, or Texas), DC will treat that marriage as valid.