Missouri
Common Law Marriage in Missouri: 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 18, 2026. · 1 primary source cited on this page. How we verify our legal content
Missouri does not recognize common law marriage formed within the state. RSMo section 451.040 has explicitly declared common-law marriages null and void under Missouri law since 1921. Missouri does, however, give full legal effect to a common law marriage that was validly formed in another state.
Information last verified on June 2, 2026.
Does Missouri recognize common law marriage?
Missouri does not allow couples to form a common law marriage within the state. RSMo section 451.040 states directly that common-law marriages shall be null and void. The Missouri Legislature first enacted this prohibition in 1921, making Missouri one of the earliest states to abolish common law marriage formation by statute. The prohibition has remained in force continuously since that time.
Because RSMo section 451.040 has been in effect since 1921, there is no grandfather cutoff date for Missouri-formed common law marriages in the same sense as states like Alabama (cutoff 2017) or Pennsylvania (cutoff 2005). Those states abolished common law marriage prospectively and preserved pre-cutoff unions. Missouri, by contrast, has not recognized the formation of common law marriages within the state for more than a century. Any couple who cohabited in Missouri and believed themselves to be common law married at any point during that period did not acquire marital status under Missouri law.
The formal marriage statute, RSMo section 451.040(1), requires a marriage license and solemnization as the exclusive pathway to a valid marriage in Missouri. Cohabitation for any length of time, public holding out as a married couple, or filing taxes jointly does not substitute for this requirement.
Why Missouri has not recognized common law marriage formation since 1921
Missouri's 1921 abolition statute reflected a legislative policy choice that the formalities of the licensing process under RSMo section 451.040 serve important public interests. Those interests include creating a clear and accessible public record of marital status, making the legal consequences of marriage explicit for both parties at the time they enter the relationship, and eliminating protracted litigation over whether a marriage was ever formed.
RSMo section 451.040 provides that common-law marriages shall be null and void. Missouri courts have consistently applied this provision to reject claims of a Missouri-formed common law marriage. Courts have declined to find a valid marriage even where parties cohabited for extended periods, filed joint tax returns, held joint property, and referred to each other publicly as husband and wife, because none of those facts can satisfy the statutory licensing requirement.
The length of the prohibition, more than a hundred years, also means that the legal landscape in Missouri has been clear and settled for a very long time. There is no realistic category of a pre-abolition Missouri common law marriage that might still be asserted today.
Does Missouri recognize a common law marriage from another state?
Yes. Missouri gives full legal effect to a common law marriage that was validly formed in a state that permits such marriages. This recognition flows from the Full Faith and Credit Clause of the United States Constitution, which requires each state to give credit to the public acts, records, and judicial proceedings of other states, and from the principle of comity, under which courts recognize legal relationships validly created in other jurisdictions.
In practice, a couple who formed a valid common law marriage in Colorado, Texas, Iowa, Kansas, or any other state that still allows common law marriage formation, and who then moved to Missouri, retains that marital status in Missouri. Missouri courts treat such a couple as legally married for purposes of divorce, property division, spousal maintenance, inheritance rights, intestate succession, and all other legal incidents of marriage.
To establish Missouri recognition, a party must demonstrate that the marriage satisfied the requirements of the state where it was formed. For instance, a couple asserting a Texas informal marriage under Tex. Fam. Code section 2.401 must show they agreed to be married, cohabited in Texas, and represented to others that they were married. The evidence required and the standard of proof are governed by the law of the originating state, though Missouri courts will evaluate the evidence under the originating state's standards.
How to prove a common law marriage formed in another state
A common law marriage creates no license or official certificate, so the party asserting its existence must prove it through other evidence. The burden of proof and the specific elements required depend on the law of the state where the marriage was allegedly formed, but courts examining such claims typically look at the same categories of evidence.
Types of evidence courts commonly consider include:
- Joint federal and state income tax returns filed with the couple identified as married or as husband and wife
- Joint bank accounts, joint credit accounts, or jointly titled real property such as a deed or mortgage
- Life insurance policies or retirement account beneficiary designations listing the partner as a spouse
- Statements on loan applications, government-benefit forms, or medical-record intake forms identifying the relationship as a marriage
- Testimony from family members, friends, neighbors, coworkers, or clergy who regarded the couple as married
- Written correspondence, cards, social media posts, or other documents in which the parties referred to each other as husband, wife, or spouse
- Use of a shared last name or documentation reflecting adoption of the other party's surname
- Birth certificates of children listing both parties as parents with the same last name
No single item is automatically conclusive. Courts assess the totality of the evidence against the requirements of the state where the marriage was allegedly formed to determine whether the parties genuinely agreed to be married and held themselves out publicly as a married couple.
The 7-year myth
A widespread misconception holds that living together for seven years automatically creates a common law marriage. This is false in every jurisdiction in the United States. No state, including the states that still allow common law marriage formation, sets a minimum number of years of cohabitation as a requirement or automatic trigger for marriage recognition.
States that permit common law marriage focus on the intent and conduct of the parties: a mutual present agreement to be married, cohabitation in the permitting state, and public representation of the relationship as a marriage. Duration of cohabitation may be relevant as circumstantial evidence of intent, but no fixed number of years establishes a marriage by itself.
In Missouri, this point is especially clear: the state has not permitted common law marriage formation since 1921. No period of cohabitation in Missouri, whether seven years or forty years, can create a legal marriage without a license. The seven-year figure has no basis in Missouri law or in the law of any other state.
How a common law marriage ends
A valid common law marriage, wherever it was formed, can only be terminated by a formal legal divorce. There is no such thing as a "common law divorce" and no informal mechanism to dissolve a valid marriage. Separating from a partner, dividing property informally, ceasing cohabitation, or simply no longer identifying as married does not end a legal marriage under Missouri law or under the law of any state.
This rule has significant practical consequences for Missouri residents. A person who entered a valid common law marriage in another state and then moved to Missouri, and who later "separated" from their partner without filing for divorce, remains legally married under Missouri law. If that person attempts to remarry in Missouri without first obtaining a divorce, the second marriage would be void or voidable because a valid prior marriage subsists.
Divorce proceedings in Missouri to dissolve a common law marriage formed in another state follow the same procedures as any other Missouri divorce. The court has jurisdiction over property located in Missouri, applies Missouri divorce law, and can issue orders regarding property division and maintenance under RSMo section 452.335.
For context on the financial aspects of dissolving a marriage in Missouri, see Missouri alimony laws and Missouri child support laws.
For a state-by-state comparison of which states recognize common law marriage, see Common law marriage by state.
Disclaimer: This page provides general legal information about common law marriage recognition in Missouri and is not legal advice. Marriage and family law determinations are fact-specific and depend on individual circumstances, including the law of the state where any claimed common law marriage was formed. This information was verified as of June 2, 2026. Consult a licensed Missouri family law attorney for advice about your specific situation.
Last updated: June 2, 2026.
More Missouri Laws
Frequently Asked Questions
Does Missouri recognize common law marriage?
Missouri does not allow common law marriages to be formed within the state. RSMo section 451.040 expressly declares that common-law marriages shall be null and void. This statute has been in effect since 1921. Missouri does recognize a valid common law marriage that was formed in another state that permits such marriages.
What does RSMo 451.040 say about common law marriage?
RSMo section 451.040 states that common-law marriages shall be null and void. Missouri courts have consistently applied this provision to reject claims of a common law marriage formed in Missouri. The statute has been in effect since 1921 and has never been repealed or amended to create an exception.
Is there a grandfather date for common law marriage in Missouri?
No. Missouri abolished common law marriage formation by statute in 1921, more than a century ago. States like Alabama and Pennsylvania abolished common law marriage prospectively with a cutoff date, preserving unions formed before that date. Missouri has simply not recognized common law marriage formation within the state for over one hundred years, so there is no practical grandfather category.
How long do you have to live together to be common law married in Missouri?
No period of cohabitation in Missouri creates a common law marriage. RSMo section 451.040 declares such marriages null and void, and Missouri requires a marriage license under RSMo section 451.040(1). The idea that seven years of living together creates a common law marriage is a myth with no basis in Missouri law or the law of any state.
Does Missouri recognize a common law marriage from another state?
Yes. Missouri recognizes a valid common law marriage formed in any state that allows such marriages, provided the couple met that state's requirements when the marriage was created. This follows the Full Faith and Credit Clause of the U.S. Constitution and Missouri comity principles. A couple who formed a valid common law marriage in Colorado, Texas, Iowa, or another permitting state retains that marital status in Missouri.
How do you end a common law marriage in Missouri?
A common law marriage validly formed in another state ends only through formal divorce or the death of a spouse. There is no common law divorce. A person with a valid out-of-state common law marriage who lives in Missouri must obtain a divorce decree from a court with proper jurisdiction to legally terminate the marriage. Simply separating or ceasing cohabitation does not dissolve the marriage.
What states allow common law marriage that Missouri would recognize?
As of 2026, states that still allow new common law marriages to be formed include Colorado, Iowa, Kansas, Montana, Oklahoma (with some contested recognition), Rhode Island, Texas (called informal marriage under Tex. Fam. Code section 2.401), and Utah (which requires a court order). The District of Columbia also recognizes common law marriage. A marriage validly formed in any of those jurisdictions will be recognized in Missouri.
Updates
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected three instances that attributed Missouri's marriage-license/solemnization requirement to RSMo 451.020 (the prohibited-kinship/incest statute); the license and solemnization requirement is actually RSMo 451.040(1).
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.
Revised Statutes of Missouri, Title XXX (DOMESTIC RELATIONS), Chapter 451
§ 451.020Certain marriages prohibited — official issuing licenses to certain persons guilty of misdemeanor.In force
All marriages between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the half as well as the whole blood, between uncles and nieces, aunts and nephews, first cousins, and between persons who lack capacity to enter into a marriage contract, are presumptively void; and it shall be unlawful for any city, county or state official having authority to issue marriage licenses to issue such marriage licenses to the persons heretofore designated, and any such official who shall issue such licenses to the persons aforesaid knowing such persons to be within the prohibition of this section shall be deemed guilty of a misdemeanor; and this prohibition shall apply to persons born out of lawful wedlock as well as those in lawful wedlock. It shall be presumed that marriages between persons who lack capacity to enter into a marriage contract are prohibited unless the court having jurisdiction over such persons approves the marriage.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 3 court opinionsMost recently applied by a court: 1999
Leading cases:
- State Ex Rel. Miesner v. Geile (Missouri Court of Appeals 1988, 747 S.W.2d 757)“…tor’s brother. Clerk based her decision on the authority of § 451.020, RSMo 1986. The issue before us is whether th…”
- Loving v. Virginia (Supreme Court of the United States 1967, 388 U.S. 1)“…Art. 14, §263, Miss. Code Ann. §459 (1956); Missouri, Mo. Rev. Stat. §451.020 (Supp. 1966); North Carolina, N. C. Co…”
- EVERETTS v. Apfel (District Court, E.D. Missouri 1999, 63 F. Supp. 2d 1020)“…ties lacked the capacity to contract under state law. See Mo.Rev. Stat. § 451.020. While a minor generally lacks the capa…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 451.040Marriage license required, waiting period — presence not required, when — application, contents — license void when — common law of marriages void — lack of authority to perform marriage, effect — online applications, procedure.In forcecited in 2 of our articles
1. Previous to any marriage in this state, a license for that purpose shall be obtained from the officer authorized to issue the same, and no marriage contracted shall be recognized as valid unless the license has been previously obtained, and unless the marriage is solemnized by a person authorized by law to solemnize marriages. 2. Before applicants for a marriage license shall receive a license, and before the recorder of deeds shall be authorized to issue a license, the parties to the marriage shall present an application for the license, duly executed and signed in the presence of the recorder of deeds or their deputy or electronically through an online process. If an applicant is unable to sign the application in the presence of the recorder of deeds as a result of the applicant's incarceration or because the applicant has been called or ordered to active military duty out of the state or country, the recorder of deeds may issue a license if: (1) An affidavit or sworn statement is submitted by the incarcerated or military applicant on a form furnished by the recorder of deeds which includes the necessary information for the recorder of deeds to issue a marriage license…
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 9 court opinionsMost recently applied by a court: 2021
Leading cases:
- Nelson v. Marshall (Missouri Court of Appeals 1993, 869 S.W.2d 132)“…ized by a person authorized by law to solemnize marriages.” § 451.040 RSMo. (1986). (emphasis added). The q…”
- McKeever v. Bi-State Development Agency (Missouri Court of Appeals 1999, 988 S.W.2d 599)“…eever and decedent’s marriage was properly solemnized under Section 451.040 RSMo (1994). We dismiss this appeal for lack…”
- Chervitz v. Bi-State Development Agency (Missouri Court of Appeals 1999, 11 S.W.3d 714)“…h because such marriage had not been solemnized pursuant to Section 451.040 RSMo 1994. 1 The circuit court held a heari…”
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)
Revised Statutes of Missouri, Title XXX (DOMESTIC RELATIONS), Chapter 452
§ 452.335Maintenance order, findings required for — termination date, may be modified, when.In forcecited in 3 of our articles
1. In a proceeding for nonretroactive invalidity, dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order to either spouse, but only if it finds that the spouse seeking maintenance: (1) Lacks sufficient property, including marital property apportioned to him, to provide for his reasonable needs; and (2) Is unable to support himself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 273 court opinionsMost recently applied by a court: 2025
Leading cases:
- Laubinger v. Laubinger (Missouri Court of Appeals 1999, 5 S.W.3d 166)“…rdance with the rules set forth in § 452.340. Unlike § 452.335, RSMo 1994, 3 governing maintena…”
- Allen v. Allen (Missouri Court of Appeals 1996, 927 S.W.2d 881)“…W.2d at 483 . Maintenance is a creature of statute. Mo. Rev.Stat. § 452.335. Section 452.335 provides in pertinent…”
- Buchholz v. Buchholz (Missouri Court of Appeals 2005, 166 S.W.3d 146)“…considering all relevant factors including those set out in Section 452.335 RSMo., [Husband] should pay [Wife] periodic…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Missouri Maintenance (Alimony) Laws: How It Works (2026), Missouri Divorce Laws (2026): Grounds, Residency, and Process
Texas Family Code
§ 2.401PROOF OF INFORMAL MARRIAGEIn forcecited in 22 of our articles
(a) In a judicial, administrative, or other proceeding, the marriage of a man and woman may be proved by evidence that: (1) a declaration of their marriage has been signed as provided by this subchapter; or (2) the man and woman agreed to be married and after the agreement they lived together in this state as husband and wife and there represented to others that they were married. (b) If a proceeding in which a marriage is to be proved as provided by Subsection (a)(2) is not commenced before the second anniversary of the date on which the parties separated and ceased living together, it is rebuttably presumed that the parties did not enter into an agreement to be married. (c) A person under 18 years of age may not: (1) be a party to an informal marriage; or (2) execute a declaration of informal marriage under Section 2.402. (d) A person may not be a party to an informal marriage or execute a declaration of an informal marriage if the person is presently married to a person who is not the other party to the informal marriage or declaration of an informal marriage, as applicable.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
Cited in 98 court opinionsMost recently applied by a court: 2026
In the courts (editorial summary, independently checked):Joplin v. Borusheski (2008) applied section 2.401(b): a suit filed over two years after separation raises a rebuttable presumption the parties never agreed to marry, which that proponent did not rebut. In Lan Ngoc Nguyen v. Dinh Duc Nguyen (2011) the 2.401(d) prior-marriage impediment was not proved, and that finding was reversed.
Leading cases:
- Lan Ngoc Nguyen v. Dinh Duc Nguyen (Texas Court of Appeals, 1st District (Houston) 2011, 355 S.W.3d 82)✓A husband fought his wife's divorce petition by claiming an earlier Vietnamese marriage was an impediment under Section 2.401(d); the court found the proof of that prior marriage factually insufficient and remanded to decide the statute's three informal-marriage elements.
- Assoun v. Gustafson (Court of Appeals of Texas 2016, 493 S.W.3d 156)✓An ex-husband sued to have his former wife declared informally married to her boyfriend, ending his alimony; applying Section 2.401(a), the court affirmed summary judgment for the couple because their sworn denials of any agreement to marry defeated his circumstantial proof.
- Joplin v. Borusheski (Texas Court of Appeals, 5th District (Dallas) 2008, 244 S.W.3d 607)✓A man filed for divorce in 2005 claiming a common-law marriage, more than two years after the couple stopped living together; the court applied Section 2.401(b)'s rebuttable presumption of no agreement to marry and held his testimony failed to rebut it.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Common Law Marriage in Arizona: Is It Recognized? (2026), Common Law Marriage in Arkansas: Is It Recognized? (2026), Common Law Marriage in Delaware: Is It Recognized? (2026)
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Sources and References
- RSMo section 451.040(revisor.mo.gov)
- RSMo section 451.020(revisor.mo.gov)
- RSMo section 452.335(revisor.mo.gov)
- U.S. Const. Art. IV sec. 1 (Full Faith and Credit Clause)(law.cornell.edu)
- Tex. Fam. Code section 2.401(statutes.capitol.texas.gov)
- Common Law Marriage(law.cornell.edu)
- Colorado Revised Statutes section 14-2-109.5, Common law marriages. Colorado General Assembly(leg.colorado.gov).gov