Louisiana
Common Law Marriage in Louisiana: Is It Recognized? (2026)
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 7, 2026. · 5 primary sources cited on this page. How we verify our legal content
Louisiana has never recognized common law marriage. As a civil-law state, Louisiana requires a marriage ceremony, the free consent of the parties, and the absence of a legal impediment under La. Civ. Code art. 87. Louisiana does recognize a valid common law marriage formed in another state that allows it.
Information last verified on June 2, 2026.
Jurisdiction scope: This article addresses Louisiana state law on marriage formation under La. Civ. Code art. 87, and Louisiana's recognition of out-of-state common law marriages under comity principles. It does not address the law of any other state. For a state-by-state comparison, see Common Law Marriage by State.
Does Louisiana Recognize Common Law Marriage?
Louisiana does not allow common law marriage to be formed within the state, and it never has. Unlike states that once recognized informal marriage and later abolished it, Louisiana has never had a common law marriage doctrine at any point in its history. The reason is Louisiana's unique legal heritage: it is the only U.S. state whose private law derives from the French and Spanish civil-law tradition rather than English common law. Marriage in Louisiana is and has always been a formal civil institution.
La. Civ. Code art. 86 defines marriage as "a legal relationship between a man and a woman that is created by civil contract." That gendered language is still on the books, but it is unenforceable after Obergefell v. Hodges, 576 U.S. 644 (2015), which requires every state to license and recognize same-sex marriages on the same terms as opposite-sex marriages. Article 86 only defines marriage. It imposes no requirements of its own.
The formation requirements come from art. 87 alone, which lists three: the absence of a legal impediment, a marriage ceremony, and the free consent of the parties, expressed at the ceremony. Those formalities include a ceremony conducted by a person authorized by the state. A couple that simply lives together, holds themselves out as married, and considers themselves husband and wife has not created a marriage under Louisiana law, regardless of how long the relationship has lasted or how publicly they present as a couple.
The Louisiana Supreme Court has applied this principle for generations. In Bloom v. Willis, 221 La. 803, 60 So. 2d 415 (1952), the court confirmed that a marriage formed without a ceremony "is not recognized by our laws," while noting that Louisiana courts will, out of comity, give effect to a marriage validly formed under the law of the state where the parties resided (citing Succession of Marinoni, 177 La. 592, 148 So. 888 (1933)). The civil-law foundation of Louisiana family law means there is no judge-made doctrine of informal marriage that could fill the gap.
Why Louisiana Has Never Recognized Common Law Marriage
Most U.S. states follow English common law, which historically allowed a couple to form a valid marriage through mutual agreement, cohabitation, and public recognition as husband and wife, without a ceremony or license. Louisiana's legal system was built instead on the Napoleonic Code and its Spanish predecessor, the Siete Partidas. Both of those civil-law traditions required a formal solemnization of marriage, and Louisiana carried that requirement forward when it became a state in 1812.
The distinction is not just historical. Today, La. Civ. Code art. 91 sets out the formalities required for a valid Louisiana marriage. The parties must appear before an officiant authorized by La. R.S. 9:202 and exchange consent in the form prescribed by law. No amount of cohabitation, joint finances, or public representation as a married couple satisfies these requirements or substitutes for them under Louisiana law.
This means that a couple who has lived together in Louisiana for decades, filed joint tax returns, and told friends and family that they are married has still not created a marriage recognized by Louisiana law, unless they went through a formal ceremony. For property and inheritance purposes, Louisiana offers alternative legal frameworks, such as the Covenant Marriage Act and the putative marriage doctrine under La. Civ. Code art. 96, which can grant limited civil effects to a spouse who entered a null marriage in good faith, but these are distinct from common law marriage and do not cure the absence of a ceremony.
Does Louisiana Recognize a Common Law Marriage From Another State?
Yes. Louisiana will recognize a valid common law marriage that was formed in a state that allows such marriages, provided that the couple satisfied the legal requirements of that state at the time the marriage was created. This recognition follows from Louisiana's conflicts-of-law rules and from the general principle of comity under which states give effect to the valid legal acts of sister states.
The states that currently allow couples to form a new common law marriage include Colorado, Iowa, Kansas, Montana, Oklahoma (though its recognition is contested), Rhode Island, Texas (which calls it an "informal marriage" under Tex. Fam. Code 2.401), and the District of Columbia. Utah also allows an "unsolemnized marriage" under Utah Code 81-2-408 (renumbered from 30-1-4.5 effective September 1, 2024), but that route requires a court order and is being phased out. Utah Code 81-2-408(1) allows the validating petition to be filed only "Before May 5, 2027," and subsection (4) provides that "On and after May 5, 2027, an individual may not file a petition described in Subsection (1)." Subsection (3)(a) also limits the petition to the duration of the relationship or the year following its end.
If a couple formed a valid common law marriage in Texas or Colorado, for example, and then relocated to Louisiana, Louisiana courts will treat their marriage as valid. They would be entitled to the same rights as formally married couples under Louisiana law, including community property rights, inheritance rights, and spousal privilege.
The key question in any Louisiana comity analysis is whether the marriage was valid where it was formed. Louisiana courts will apply the law of the state where the common law marriage was allegedly created to determine whether the requirements were met.
How a Common Law Marriage From Another State Is Proved in Louisiana
Because a common law marriage leaves no license or certificate on file with a Louisiana authority, proving that a valid out-of-state common law marriage exists often requires assembling substantial documentary and testimonial evidence. Louisiana courts will look to the law of the state where the marriage was formed to determine what elements were required and whether the evidence is sufficient to meet the applicable standard of proof.
Typical categories of evidence that Louisiana courts have considered include:
- Joint federal and state income tax returns in which the couple identified themselves as married
- Joint bank accounts, credit accounts, or investment accounts opened in both names
- Real estate deeds or mortgage documents listing both parties as spouses
- Life insurance policies or retirement account beneficiary designations naming the other party as a spouse
- Affidavits from friends, family members, employers, clergy, or neighbors attesting that the couple held themselves out as married
- Correspondence or social media records in which the parties referred to each other as husband and wife
- Medical or school records listing the other party as a spouse or parent-spouse
In contested succession or divorce proceedings, Louisiana courts apply the law of the state where the marriage was allegedly formed to determine the required elements and the standard of proof. A party asserting the existence of a common law marriage carries the burden of establishing each element.
How a Recognized Common Law Marriage Ends in Louisiana
A valid common law marriage recognized in Louisiana ends only through a judgment of divorce or the death of a spouse. There is no such thing as a "common law divorce," and a couple cannot dissolve a recognized marriage simply by separating, stopping cohabitation, or declaring the relationship over.
A couple whose out-of-state common law marriage is recognized in Louisiana must file for divorce in a court of competent jurisdiction, just as any other married couple would. Louisiana courts have jurisdiction to grant a divorce if one or both spouses are domiciled in Louisiana at the time of filing. A spouse who has established and maintained a residence in a Louisiana parish for at least six months is presumed to be domiciled there (La. Code Civ. Proc. art. 10).
Until a divorce judgment is entered, both parties remain legally married. This has significant consequences for community property, inheritance, and the right to remarry. If you and a spouse from a common law marriage formed in another state have separated, get a free case evaluation from a Louisiana family lawyer on filing for divorce before either of you remarries (attorney advertising).
The 7-year myth: A common belief holds that living together for seven years automatically creates a common law marriage, or that separating for seven years ends one. Neither is true in Louisiana or in any other U.S. jurisdiction. No state has ever enacted a seven-year cohabitation rule. The duration of cohabitation is relevant in states that do recognize common law marriage as one indicator that the couple treated the relationship as a marriage, but it is never the legal test, and it has no effect at all in Louisiana, which requires a formal ceremony regardless.
Legal disclaimer: This page provides general legal information about Louisiana marriage law and common law marriage. It is not legal advice and does not create an attorney-client relationship. Marriage and property rights are fact-specific and can involve complex issues of Louisiana civil law and conflicts of law. Consult a licensed Louisiana family law attorney for advice about your particular situation. Information verified as of June 2, 2026.
Related Louisiana Laws
Last updated: June 2, 2026.
More Louisiana Laws
Frequently Asked Questions
Does Louisiana recognize common law marriage?
Louisiana does not allow common law marriage to be formed within the state. La. Civ. Code art. 87 requires a marriage ceremony, the free consent of the parties, and the absence of a legal impediment. Louisiana has never had a common law marriage doctrine because it is a civil-law state whose private law derives from French and Spanish legal traditions rather than English common law. Louisiana will, however, recognize a valid common law marriage formed in a state that allows such marriages, provided the couple met that state's requirements at the time.
Can I be common law married in Louisiana if we've lived together for years?
No. The length of cohabitation is irrelevant under Louisiana law. Louisiana requires a formal marriage ceremony conducted by an authorized officiant under La. Civ. Code art. 91 and La. R.S. 9:202. No amount of cohabitation, joint finances, or public presentation as a couple creates a marriage under Louisiana law.
Does Louisiana recognize a common law marriage from Texas or another state?
Yes. If a couple formed a valid common law marriage in a state that allows it, such as Texas under Tex. Fam. Code 2.401 or Colorado under C.R.S. 14-2-109.5, and that marriage met the requirements of the state where it was formed, Louisiana will recognize it under comity principles. The couple would be treated as legally married under Louisiana law.
What rights do unmarried cohabiting partners have in Louisiana?
Louisiana law provides no automatic property or inheritance rights to unmarried cohabitants. Couples who live together without marrying can protect their interests through written contracts, estate-planning documents such as wills and beneficiary designations, and other legal instruments. For advice on structuring these documents, consult a licensed Louisiana family law or estate-planning attorney.
How do you end a common law marriage recognized in Louisiana?
A valid common law marriage recognized in Louisiana ends only through a judgment of divorce from a court of competent jurisdiction or through the death of a spouse. The couple cannot end the marriage by simply separating or ceasing cohabitation. Louisiana courts have jurisdiction to grant a divorce if one or both spouses are domiciled in Louisiana at the time of filing, under La. Code Civ. Proc. art. 10.
Is there a 7-year common law marriage rule in Louisiana?
No. The idea that seven years of cohabitation creates a common law marriage is a myth. No U.S. state, including those that recognize common law marriage, requires a specific number of years of cohabitation. Louisiana does not recognize common law marriage at all, so duration of cohabitation is legally irrelevant to marital status.
Why doesn't Louisiana recognize common law marriage?
Louisiana is the only U.S. state whose private law is based on the civil-law tradition rather than English common law. Its legal framework derives from the Napoleonic Code and Spanish civil law, both of which require a formal marriage ceremony. La. Civ. Code art. 87 codifies this requirement. Because common law marriage is an English common law doctrine, it has never been part of Louisiana's legal system.
Updates
Corrected the description of La. Civ. Code arts. 86 and 87: art. 86 is quoted as enacted and noted as superseded by Obergefell on its gendered wording, and the marriage ceremony and consent requirements are now attributed to art. 87 alone; also noted that Utah's unsolemnized marriage petition is barred on and after May 5, 2027.
Removed a fabricated case citation ('Succession of Manget,' which does not exist) and replaced it with a real, verified 1952 Louisiana Supreme Court decision (Bloom v. Willis) that supports the same point. Also repaired four dead statute-citation links (Civil Code arts. 86, 87, and 91, and R.S. 9:202) that had drifted to unrelated Louisiana laws.
Independently fact-checked against the cited primary sources
Corrected the divorce-jurisdiction citation from La. R.S. 9:301 (a presumed-dead-spouse remarriage statute) to La. Code Civ. Proc. art. 10, and corrected the description of La. Civ. Code art. 96 from 'concubinage' to Louisiana's putative-marriage (good-faith spouse) doctrine.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Louisiana Civil Code
§ 87Contract of marriage; requirementsIn forcecited in 2 of our articles
The requirements for the contract of marriage are: The absence of legal impediment. A marriage ceremony. The free consent of the parties to take each other as husband and wife, expressed at the ceremony.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at legis.la.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 1996
Opinions citing this section in our collection:
- Holliday v. Holliday (Supreme Court of Louisiana 1978, 358 So. 2d 618)“…rriage, and the manner in which marriages may be dissolved. La. Civil Code art. 87. Hence, marriage is a relationship esta…”
- Sanders v. Gore (Louisiana Court of Appeal 1996, 676 So. 2d 866)“…of marriage requires a marriage ceremony and free consent. La.Civ.Code art. 87. But the civil law does not requirealt…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 86Marriage; definitionIn forcecited in 2 of our articles
Marriage is a legal relationship between a man and a woman that is created by civil contract. The relationship and the contract are subject to special rules prescribed by law.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 9 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Talbot v. Talbot (Supreme Court of Louisiana 2003, 864 So. 2d 590)“…IS Although marriage is designated a civil contract under La. Civ.Code article 86, "it is more than a contract." Hollida…”
- Holliday v. Holliday (Supreme Court of Louisiana 1978, 358 So. 2d 618)“…s null and void as against public policy. Although, under La.Civil Code art. 86, marriage is designated as a civil cont…”
- Forum for Equality PAC v. McKeithen (Supreme Court of Louisiana 2005, 893 So. 2d 715)“…that object. See 04-CA-2477, Record p. 222-26. [13] La. Civ.Code art. 86 provides: Art. 86. Marriage; definit…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 91Marriage ceremony requiredIn forcecited in 2 of our articles
The parties must participate in a marriage ceremony performed by a third person who is qualified, or reasonably believed by the parties to be qualified, to perform the ceremony. The parties must be physically present at the ceremony when it is performed.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Kristin Deleo v. Lindsey Marie Nicolini (Louisiana Court of Appeal 2024)“…be physically present at the ceremony when it is performed. La. Civ. Code art. 91. While recognized as a common-law marri…”
- Kirchberg v. Feenstra (District Court, E.D. Louisiana 1977, 430 F. Supp. 642)“…t. La.R.S. 9:282. The consent of each must be freely given, La.Civil Code art. 91, and where the consent has not been fre…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 96Civil effects of absolutely null marriage; putative marriageIn forcecited in 3 of our articles
An absolutely null marriage nevertheless produces civil effects in favor of a party who contracted it in good faith for as long as that party remains in good faith. When the cause of the nullity is one party's prior undissolved marriage, the civil effects continue in favor of the other party, regardless of whether the latter remains in good faith, until the marriage is pronounced null or the latter party contracts a valid marriage. When the cause of the nullity is an impediment of age, the marriage produces civil effects in favor of a child of the parties. When the cause of the nullity is another reason, a marriage contracted by a party in good faith produces civil effects in favor of a child of the parties. A purported marriage between parties of the same sex does not produce any civil effects.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Forum for Equality PAC v. McKeithen (Supreme Court of Louisiana 2005, 893 So. 2d 715)“…nize the nullity may be brought by any interested person. La. Civ.Code art. 96 provides: Art. 96. Civil effects of a…”
- In Re Succession of Jones (Louisiana Court of Appeal 2009, 8 La.App. 3 Cir. 1088)“…any civil effects. The “good faith” necessitated by La.Civ.Code art. 96 was discussed in Alfonso v. Alfo…”
- Thomason v. Thomason (Louisiana Court of Appeal 2000, 0 La.App. 3 Cir. 522)“…ce there was no marriage. The petition for divorce is moot. La. Civ. Code art. 96 provides in pertinent part that: “An ab…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Louisiana Annulment Laws: Absolute and Relative Nullity (2026)
Louisiana Revised Statutes
§ 9:202Authority to perform marriage ceremonyIn forcecited in 3 of our articles
A marriage ceremony may be performed by: (1) A priest, minister, rabbi, clerk of the Religious Society of Friends, or any clergyman of any religious sect, who has attained the age of majority and is authorized by the authorities of his religion to perform marriages, and who is registered to perform marriages; (2) A state judge or justice of the peace.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Also relied on in: Louisiana Marriage License Requirements 2026: $27.50, 24-Hour Wait
Colorado Revised Statutes, Title 14: Domestic Matters
§ 14-2-109.5Common law marriage - age restrictionsIn forcecited in 10 of our articles
(1) A common law marriage entered into on or after September 1, 2006, shall not be recognized as a valid marriage in this state unless, at the time the common law marriage is entered into: (a) Each party is eighteen years of age or older; and (b) The marriage is not prohibited, as provided in section 14-2-110. (2) Notwithstanding the provisions of section 14-2-112, a common law marriage contracted within or outside this state on or after September 1, 2006, that does not satisfy the requirements specified in subsection (1) of this section shall not be recognized as valid in this state.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at olls.info
Also relied on in: Common Law Marriage in Colorado: Requirements & How It Works (2026), Common Law Marriage in Maryland: Is It Recognized? (2026), Common Law Marriage in Alaska: Is It Recognized? (2026)
Utah Code, Title 81: Utah Domestic Relations Code
§ 81-2-408Validity of marriage not solemnized or solemnized before an unauthorized individual.In forcecited in 6 of our articles
(1) Before May 5, 2027, an individual may file a petition with a court to validate and make legal a marriage that is not solemnized in accordance with this chapter. (2) On a filing of a petition described in Subsection (1), the court may enter an order validating and making legal a marriage that is not solemnized in accordance with this chapter if the court establishes that the marriage arises out of a contract between two individuals: (a) of legal age and capable of giving consent; (b) legally capable of entering a solemnized marriage under the provisions of this chapter; (c) who have cohabited; (d) who mutually assume marital rights, duties, and obligations; and (e) who hold themselves out as and have acquired a uniform and general reputation as spouses. (3) (a) An individual may only file the petition described in Subsection (1) during the relationship described in Subsection (2), or within one year following the termination of that relationship. (b) Evidence of a marriage recognizable under this section may be: (i) manifested in any form; and (ii) proved under the same general rules of evidence as facts in other cases.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at le.utah.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Daniel v. Daniel (Court of Appeals of Utah 2025, 2025 UT App 193)“…ges have been a creature of statute in Utah since 1987. See Utah Code § 81-2-408 (setting forth the current requirements…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Common Law Marriage by State: Where It's Recognized (2026), Common Law Marriage in Utah: Is It Recognized? (2026), Common Law Marriage in North Carolina: Is It Recognized? (2026)
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Sources and References
- La. Civ. Code art. 86 (Marriage defined)(legis.la.gov).gov
- La. Civ. Code art. 87 (Contract of marriage; requirements)(legis.la.gov).gov
- La. Civ. Code art. 91 (Marriage ceremony required)(legis.la.gov).gov
- La. R.S. 9:202 (Authority to perform marriage ceremony)(legis.la.gov).gov
- La. Code Civ. Proc. art. 10 (Jurisdiction over status; divorce domicile)(legis.la.gov).gov
- Common Law Marriage(law.cornell.edu)
- U.S. Const. art. IV, sec. 1 (Full Faith and Credit Clause)(constitution.congress.gov)
- Bloom v. Willis, 221 La. 803, 60 So. 2d 415 (La. 1952)(courtlistener.com)
- Utah Code 81-2-408 (Validity of marriage not solemnized; petition barred on and after May 5, 2027)(le.utah.gov)
- Obergefell v. Hodges, 576 U.S. 644 (2015)(supremecourt.gov)
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