Common Law Marriage in Tennessee: Is It Recognized? (2026)

Tennessee does not allow couples to form a common-law marriage within the state. Under Tenn. Code Ann. section 36-4-104, a valid Tennessee marriage requires a license and solemnization; agreement or cohabitation alone cannot create a marriage. Tennessee courts do, however, recognize a common-law marriage that was validly formed under the laws of another state.

Information last verified on June 2, 2026.

Jurisdiction scope: This article addresses common-law marriage law in Tennessee under Tenn. Code Ann. section 36-4-104 and related statutes, verified as of June 2, 2026. For states that do recognize common-law marriage formation, see the common law marriage by state hub.

Does Tennessee recognize common-law marriage?

Tennessee does not permit couples to form a common-law marriage within the state. Tenn. Code Ann. section 36-4-104 provides that a marriage in Tennessee must be solemnized after a license is obtained. The statute specifies that a marriage cannot be contracted by agreement or consent alone; the formal procedural steps of obtaining a license and having the marriage solemnized are mandatory elements of a valid Tennessee marriage, not optional formalities.

This rule is not new. Tennessee courts and commentators have long held that informal or consensual marriages have no legal validity in the state. Unlike Alabama, which abolished common-law marriage as of January 1, 2017, or South Carolina, which prospectively abolished it effective July 24, 2019, Tennessee never passed through a period of allowing common-law marriage formation. The prohibition predates modern Tennessee family law statutes.

The practical consequence is straightforward: a couple who lives together in Tennessee, holds themselves out as married, and considers themselves informally married has not created a legally recognized marriage under Tennessee law. They cannot invoke spousal rights in a Tennessee court based on cohabitation or agreement, regardless of how long they have lived together.

What Tenn. Code Ann. section 36-4-104 actually says

Tenn. Code Ann. section 36-4-104 addresses the formal requirements for a valid Tennessee marriage. It provides that marriages are void when they are contracted by parties who have an impediment (such as a prior undissolved marriage) or when the parties attempt to contract a marriage without complying with the licensing and solemnization requirements of Title 36, Chapter 3 of the Tennessee Code.

Title 36, Chapter 3 requires each prospective spouse to obtain a marriage license from a county clerk (Tenn. Code Ann. sections 36-3-101 through 36-3-106). The license must then be used within 30 days. A ceremony of solemnization must take place, performed by a person authorized under Tenn. Code Ann. section 36-3-301, such as a judge, ordained minister, or other enumerated officiant.

No provision of Tennessee law creates a pathway to marriage through cohabitation, mutual agreement, or public representation as spouses. A couple who bypasses the licensing and solemnization process has no recognized marriage in Tennessee, regardless of their intent.

Does Tennessee recognize common-law marriages from other states?

Yes. Tennessee courts apply the general conflict-of-laws principle that a marriage valid where contracted is valid in Tennessee, unless it violates a strong Tennessee public policy. Because Tennessee’s prohibition on common-law marriage is a positive requirement (a license and solemnization are mandatory) rather than a moral or public-order prohibition, Tennessee courts have consistently recognized valid common-law marriages formed in states that permit them.

For example, if a couple formed a valid informal marriage in Texas under Tex. Fam. Code section 2.401, meeting all three Texas requirements (agreement to be married, cohabitation in Texas as spouses, and representation to others that they are married), and then moved to Tennessee, Tennessee courts would treat that couple as legally married. They would be entitled to file for divorce in Tennessee rather than having to return to Texas to dissolve the marriage, and the dissolution proceeding would apply Tennessee divorce law to divide their marital estate and address other issues.

The same recognition applies to couples who formed valid common-law marriages in Colorado, Iowa, Kansas, Montana, Rhode Island, and the District of Columbia, among other jurisdictions that still allow common-law marriage formation.

Watch out: Moving to Tennessee does not dissolve or invalidate a common-law marriage formed in a state that permits it. If you were validly common-law married in another state and then relocate to Tennessee, you are still married under Tennessee law. To end the marriage, you must obtain a divorce through the Tennessee court system.

How to prove a common-law marriage in Tennessee

Because Tennessee does not allow common-law marriages to be formed within the state, the only common-law marriages a Tennessee court will address are those asserted to have been formed in another state. To prove that a common-law marriage exists for purposes of Tennessee proceedings such as divorce, inheritance, or benefit eligibility, the party asserting the marriage must establish two things:

1. The marriage was formed in a state that recognizes common-law marriage.
2. The requirements of that state’s law were met when the marriage was formed.

Courts look to the law of the state where the parties lived when the relationship began to carry the legal weight of a marriage. Evidence used to establish a common-law marriage from another jurisdiction typically includes:

• Joint federal and state tax returns filed as married filing jointly
• Joint bank accounts or financial accounts opened as spouses
• Mortgage documents, lease agreements, or property deeds listing both parties with a marital designation
• Insurance policies naming the other person as a spouse
• Affidavits from people who knew the couple in the originating state
• Correspondence or legal documents using marital titles such as husband and wife
• Social Security or government benefit records listing the other as a spouse

The burden of proof rests on the party claiming the common-law marriage existed. Courts will scrutinize the evidence carefully, particularly if the other party disputes the marriage.

How a common-law marriage ends: divorce is required

A common-law marriage recognized by Tennessee law ends only by the same means as any other marriage: death of a spouse or a court-ordered divorce. There is no such thing as a "common-law divorce." A couple who was validly common-law married cannot simply agree to separate and revert to unmarried status.

If a Tennessee court recognizes a couple’s common-law marriage formed in another state and the couple wishes to end it, they must file for divorce in a court with jurisdiction and obtain a divorce decree. Tennessee divorce law, including its provisions on property division, spousal support, and child custody, will apply to the dissolution proceeding.

Failure to obtain a divorce can create significant legal complications. A person who is still legally married but enters a new ceremonial marriage has committed bigamy under Tenn. Code Ann. section 39-15-301, regardless of whether the first marriage was ceremonial or common-law.

For information about spousal support that may be awarded at divorce, see Tennessee alimony laws.

The 7-year cohabitation myth

One of the most persistent myths about common-law marriage is that a couple automatically becomes legally married after living together for a certain number of years, commonly stated as 7 years. This is false in every jurisdiction in the United States.

No state has ever set a minimum cohabitation period as the trigger for a common-law marriage. The requirements in states that recognize common-law marriage are qualitative, not durational: the couple must agree to be married, cohabit as spouses, and represent to the public that they are married. A couple can meet those requirements in a matter of days, or live together for decades without ever meeting them if the parties do not hold themselves out as married.

In Tennessee, the myth has zero legal effect regardless. Because Tennessee does not allow common-law marriage formation, cohabitation of any duration confers no marital rights. Two people who live together in Tennessee for 7, 10, or 20 years and then separate have no automatic claim to marital property division, spousal support, or inheritance rights based solely on the length of their cohabitation.

Rights of unmarried cohabiting partners in Tennessee

Tennessee does not have a statutory framework for domestic partnerships or civil unions equivalent to marriage. Unmarried partners who have lived together for a long time but never married (ceremonially or via valid out-of-state common-law marriage) generally do not have the legal rights and obligations that married spouses have in areas such as:

• Division of property accumulated during the relationship
• Spousal support or alimony following a separation
• Intestate inheritance rights (dying without a will)
• Rights to make medical decisions for an incapacitated partner
• Spousal benefits under employer benefit plans or Social Security

Unmarried cohabiting partners who wish to protect their respective interests should consider written cohabitation agreements addressing property rights, powers of attorney for healthcare and financial decisions, beneficiary designations on retirement accounts and insurance policies, and estate planning documents such as wills and trusts. These private legal instruments can address many of the gaps that the absence of marital status creates, but they are not equivalent to marriage and must be individually documented.

For questions about parental rights and child support obligations that apply regardless of marital status, see Tennessee child support laws.

Legal disclaimer: This page provides general legal information about common-law marriage law in Tennessee and is not legal advice. Laws may change, and individual circumstances vary. For advice about your specific situation, consult a licensed Tennessee family law attorney.

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• Tennessee Child Support Laws
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• Tennessee Dog Bite Laws
• Tennessee Emancipation Laws
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• Tennessee Hit and Run Laws
• Tennessee Lemon Laws
• Tennessee Power of Attorney Laws
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• Tennessee Self-Defense Laws
• Tennessee Sexting Laws
• Tennessee Squatters Rights Laws
• Tennessee Statute of Limitations

Sources

• Tennessee General Assembly. Tennessee Code Annotated, Title 36, Chapter 4, Section 36-4-104: Void Marriages. Available through the Tennessee Secretary of State: https://www.tn.gov/sos/acts.html
• Tennessee General Assembly. Tennessee Code Annotated, Title 36, Chapter 3, Sections 36-3-101 through 36-3-106: Marriage License Requirements. Available through the Tennessee Secretary of State and Tennessee Courts system. https://www.tncourts.gov
• Tennessee General Assembly. Tennessee Code Annotated, Title 36, Chapter 3, Section 36-3-301: Persons Authorized to Solemnize Marriages. https://www.tncourts.gov
• Cornell Law School, Legal Information Institute. Full Faith and Credit Clause. https://www.law.cornell.edu/constitution/full_faith_and_credit_clause
• Cornell Law School, Legal Information Institute. Common-Law Marriage. https://www.law.cornell.edu/wex/common-law_marriage

Last updated: June 2, 2026.