Common Law Marriage in Louisiana: Is It Recognized? (2026)
Common Law Marriage in Louisiana: Is It Recognized? (2026)
Louisiana has never recognized common law marriage. As a civil-law state, Louisiana requires a formal marriage ceremony plus the free consent of both parties under La. Civ. Code arts. 86 and 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 arts. 86 and 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.
Under La. Civ. Code art. 86, marriage is a legal relationship between two persons created by civil contract. Article 87 requires that the contract be made by the free consent of the parties, in accordance with the provisions and formalities prescribed by law. Those formalities include a marriage 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 and appellate courts have consistently applied this principle. In Succession of Manget, the court reaffirmed that Louisiana does not recognize common law marriage formed within the state. 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 rules governing concubinage under La. Civ. Code art. 96, 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 requires a court or administrative order during the relationship or within one year of 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 of the parties has been domiciled in Louisiana for at least one year immediately preceding the filing, or for six months if a Louisiana-domiciled spouse is a member of the armed forces stationed in Louisiana (La. R.S. 9:301 and La. Civ. Code art. 102 and art. 103).
Until a divorce judgment is entered, both parties remain legally married. This has significant consequences for community property, inheritance, and the right to remarry.
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.
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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
Sources
- La. Civ. Code art. 86 (Marriage defined). Louisiana Legislature. https://www.legis.la.gov/legis/Law.aspx?d=109268
- La. Civ. Code art. 87 (Free consent required). Louisiana Legislature. https://www.legis.la.gov/legis/Law.aspx?d=109270
- La. Civ. Code art. 91 (Formalities). Louisiana Legislature. https://www.legis.la.gov/legis/Law.aspx?d=109279
- La. R.S. 9:202 (Persons authorized to perform marriage ceremony). Louisiana Legislature. https://www.legis.la.gov/legis/Law.aspx?d=78432
- La. R.S. 9:301 (Jurisdiction for divorce). Louisiana Legislature. https://www.legis.la.gov/legis/Law.aspx?d=78496
- Cornell Law School Legal Information Institute: Common Law Marriage. https://www.law.cornell.edu/wex/common-law_marriage
- Full Faith and Credit Clause, U.S. Const. art. IV, sec. 1. https://constitution.congress.gov/constitution/article-4/
Last updated: June 2, 2026.