Vermont
Common Law Marriage in Vermont: 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. How we verify our legal content
Vermont does not allow couples to form a common law marriage within the state. Vermont law has never recognized common law marriage formation: a valid marriage in Vermont requires a marriage license and a solemnization ceremony under Title 18, chapter 105 of the Vermont Statutes. Vermont does, however, recognize a common law marriage that was validly formed in another state.
Information last verified on June 2, 2026.
For context on how other states handle this topic, see Common law marriage by state.
Does Vermont recognize common law marriage?
Vermont does not permit couples to form a common law marriage within Vermont. The Vermont Legislature has never enacted a statute authorizing common law marriage, and Vermont courts have consistently held that marriage in Vermont requires compliance with the licensing and solemnization requirements of Title 18, chapter 105 of the Vermont Statutes. There is no informal path to marriage under Vermont law, regardless of how long a couple has lived together or how they present themselves publicly.
Vermont is not alone in this position. The majority of US states have never permitted common law marriage formation or abolished it decades ago. Vermont falls in the category of states that have simply never recognized it.
What Vermont does is recognize a common law marriage validly formed in another state. If a couple complied with the requirements of a state that allows common law marriage (such as Colorado, Iowa, Kansas, Montana, Rhode Island, or Texas) and those requirements were satisfied before the couple moved to Vermont, Vermont will treat that marriage as valid. This out-of-state recognition rests on the doctrine of comity and the longstanding conflict-of-laws rule that a marriage valid where it was celebrated is generally treated as valid elsewhere.
Vermont marriage requirements: license and solemnization
Vermont requires a marriage license and a solemnization ceremony to create a valid marriage within the state. Title 15 of the Vermont Statutes supplies the definition: section 8 defines marriage as "the legally recognized union of two people" and specifies that "marriage" means a civil marriage. The license, solemnization, and recording requirements themselves are codified in Title 18, chapter 105 (18 V.S.A. sections 5131 through 5145).
To marry in Vermont, the couple must:
- Apply for a marriage license through the town clerk in any Vermont town (18 V.S.A. section 5131(a)).
- Satisfy the eligibility requirements (both parties must be 18 or older, not already married to another living person, and not within the prohibited degrees of relationship). Those screening rules sit in 18 V.S.A. section 5142, which incorporates the prohibited-relative list at 15 V.S.A. section 1a.
- Have the marriage solemnized by an authorized officiant (18 V.S.A. section 5144) within 60 days of the license being issued. A license that is not used within 60 days becomes void (18 V.S.A. section 5131(b)).
- Have the signed license returned to the town clerk within 10 days of the ceremony for recording as a vital record (18 V.S.A. section 5131(c)).
A marriage that skips any of these steps is not recognized under Vermont law. There is no court process, as there is in Utah, by which a couple can petition to have an informal cohabiting relationship declared a marriage after the fact if the relationship arose in Vermont.
Why Vermont has never recognized common law marriage
Vermont has a civil-law tradition of clearly defined formal marriage, reinforced by its vital records system. The Vermont Legislature has consistently required a license and ceremony as the mechanism for creating a marriage, and the courts have enforced that requirement. There is no recorded Vermont case holding that common law marriage formation is valid under Vermont law.
Vermont was also an early adopter of alternative legal statuses for couples outside traditional marriage. In 2000, Vermont became the first state in the country to create civil unions for same-sex couples, providing most of the state-level benefits of marriage through a licensed formal process. In 2009, Vermont legalized same-sex marriage. Both expansions used the formal licensing framework rather than any informal recognition doctrine. This history reflects a consistent legislative preference for defined, licensed, recorded relationship statuses rather than judicially inferred ones.
Out-of-state common law marriages: Vermont will recognize them
Although Vermont does not allow common law marriages to be formed here, Vermont does apply the doctrine of comity to recognize marriages validly formed in other states. Under this principle, a marriage valid where it was celebrated is generally valid everywhere.
If a couple formed a valid common law marriage in Colorado, Iowa, Kansas, Montana, Rhode Island, Texas, or another state that recognizes common law marriage, and that marriage was valid under the law of that state at the time it was formed, Vermont will recognize the marriage as valid. The couple does not need to re-marry in Vermont.
The same principle applies to grandfathered common law marriages: a marriage formed before a state abolished common law marriage. For example, a couple that formed a valid common law marriage in Pennsylvania before January 1, 2005 has a recognized marriage in Vermont, even though Pennsylvania no longer allows new common law marriages.
For a common law marriage formed in another state to be recognized in Vermont, the marriage must have actually satisfied the requirements of that state. Simply living together in a state that permits common law marriage does not mean a common law marriage was formed there. The couple must have met all the legal elements required by that state (typically: mutual present agreement to be married, cohabitation, and public holding-out as spouses).
How Vermont handles property and support for unmarried couples
Vermont does not have a doctrine equivalent to "palimony" (a contract-based claim for support between unmarried partners) in the same robust form as some other states. However, Vermont courts may look to general contract and equity principles in disputes between long-term cohabiting partners over property they accumulated together. If you and a long-term partner are in that kind of dispute, ask a Vermont family lawyer for a free case evaluation of a contract or equity claim to the property (attorney advertising).
Some Vermont municipalities offer domestic partnership registries. These registries are not marriages and do not carry the legal rights of marriage, but they can provide limited recognition in specific local contexts.
Couples in Vermont who want the full legal protections of marriage (including inheritance rights, spousal benefit eligibility, hospital visitation rights, and property division on separation) need to obtain a Vermont marriage license and go through the solemnization process. No amount of cohabitation creates those rights automatically in Vermont.
The 7-year myth
The belief that living together for seven years automatically creates a common law marriage is one of the most widespread legal myths in the United States. It has no basis in any state statute, and Vermont has never had such a rule. Vermont does not recognize common law marriages formed within the state, and no time period of cohabitation changes that. Couples who have lived together in Vermont for any length of time (whether two years or twenty) have not formed a marriage under Vermont law.
The seven-year figure appears to have originated from a misreading of historical ecclesiastical law and has persisted through popular culture. Legal advice based on this belief is incorrect.
Out-of-state recognition: what it means for former residents
Vermont residents who formed a common law marriage in another state before moving to Vermont should take a few practical steps to protect their rights:
- Obtain a declaration or judgment of the common law marriage from the state where it was formed, if that state offers one. Texas, for example, allows couples to register an informal marriage with the county clerk under Texas Family Code section 2.402.
- Obtain a formal marriage license and ceremony in Vermont or any other state to create a recorded, indisputable marriage record.
- Update beneficiary designations on retirement accounts, life insurance, and investment accounts to reflect the spouse.
- Execute a durable power of attorney and healthcare directive to ensure the spouse can make decisions without relying solely on recognized marital status.
Vermont will recognize a properly formed out-of-state common law marriage, but having additional documentary proof is always prudent, particularly for matters handled by federal agencies, employers, or financial institutions that may not be familiar with common law marriage recognition rules.
Disclaimer: This page provides general legal information about Vermont common law marriage law and is not legal advice. Laws change and individual circumstances vary. Consult a licensed Vermont family law attorney for advice about your specific situation.
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Last updated: June 2, 2026.
More Vermont Laws
Frequently Asked Questions
Does Vermont recognize common law marriage?
Vermont does not allow couples to form a common law marriage within the state. Vermont has never recognized common law marriage formation. A valid Vermont marriage requires a license and a solemnization ceremony under Title 18, chapter 105 of the Vermont Statutes. Vermont does recognize a common law marriage that was validly formed in another state that allows it.
What does Vermont require to get married?
Vermont requires both parties to obtain a marriage license from a town clerk, satisfy eligibility requirements (age 18+, not already married, not within prohibited degrees of relation), have the marriage solemnized by an authorized officiant within 60 days, and have the signed license returned to the town clerk for recording. Those requirements are set out in 18 V.S.A. sections 5131, 5142, and 5144. There is no informal or common-law alternative.
If we lived together in Vermont for years, are we common law married?
No. Vermont does not recognize common law marriage formation. No length of cohabitation in Vermont creates a marriage. There is no seven-year rule or any other time threshold. If you want the legal rights that come with marriage in Vermont, you need to obtain a marriage license and have a formal ceremony.
Will Vermont recognize our common law marriage from another state?
Yes, if the marriage was validly formed in a state that permits common law marriage. Vermont applies comity principles and recognizes marriages valid where they were formed. If you met all the requirements of, for example, Colorado, Texas, or Iowa, Vermont treats your marriage as fully valid. The marriage must have actually satisfied the requirements of that other state.
Does the 7-year rule apply in Vermont?
No. The seven-year cohabitation rule is a myth. No US state has ever had this rule, and Vermont is no exception. Vermont does not recognize common law marriage formation at all, and no time period of cohabitation changes that.
Does Vermont have civil unions or domestic partnerships?
Vermont created civil unions for same-sex couples in 2000, and legalized same-sex marriage in 2009. Vermont marriages and civil unions are created through a formal licensing process. Some Vermont municipalities offer domestic partnership registries, but these provide more limited protections than marriage and are not equivalent to marriage status.
Can an unmarried couple in Vermont claim property rights like a married couple?
Not automatically. Vermont does not have a palimony doctrine that provides the same property-division rights as divorce. Vermont courts may apply general contract and equity principles to disputes between cohabiting partners over shared property, but the protections are narrower and less certain than those available to married couples. Couples seeking property protection should consult a Vermont family law attorney about cohabitation agreements.
Updates
Corrected the statutory basis for Vermont marriage formation: the license, 60-day solemnization window and certificate-return requirements are codified in Title 18, chapter 105 of the Vermont Statutes, not Title 15, and out-of-state common law marriages are recognized under comity rather than the Full Faith and Credit Clause.
Independently fact-checked against the cited primary sources; 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.
Vermont Statutes Annotated, Title 18: Health, Chapter 105: Civil Marriage Records and Licenses
§ 5131Issuance of civil marriage license; solemnization; return of civil marriage certificate; registrationIn forcecited in 2 of our articles
(a)(1) Upon receipt of a completed application in a form prescribed by the State Registrar, which shall require both parties to sign the application certifying to the accuracy of the facts contained in the application, a town clerk shall issue to a person a civil marriage license in the form prescribed by the State Registrar only if at least one party has signed the license in the presence of the clerk and shall enter on the license the names of the parties to the proposed marriage and fill out the form as far as practicable. The town clerk shall retain in the clerk’s office a copy of the license until the marriage certificate is returned by the solemnizer. (2) The application forms shall allow each party to a marriage to be designated “bride,” “groom,” or “spouse,” as each party chooses. This worksheet may be destroyed after the marriage is registered. (3) The license shall be issued by any town clerk in the State. (4)(A) Parties to a civil union certified in Vermont may elect to dissolve their civil union upon marrying one another but are not required to do so to form a civil marriage.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at legislature.vermont.gov
Also relied on in: Vermont Marriage License Requirements 2026: $80 Fee, No Wait
§ 5142Persons not authorized to marryIn forcecited in 2 of our articles
The following persons are not authorized to marry, and a town clerk shall not knowingly issue a civil marriage license, when: (1) either party is under 18 years of age; (2) either party lacks capacity to understand the nature of the conduct at issue; (3) either party is 18 years of age or older and under guardianship, without the written consent of the party’s guardian; (4) the parties are prohibited from marrying under 15 V.S.A. § 1a on account of consanguinity or affinity; or (5) either party has a living spouse, as prohibited under 13 V.S.A. § 206. (Amended 1965, No. 194, § 10, eff. Feb. 1, 1967; 1967, No. 147, § 47, eff. Oct. 1, 1968; 1971, No. 90, § 13; 1973, No. 201 (Adj. Sess.), § 11; 2009, No. 3, § 8, eff. Sept. 1, 2009; 2013, No. 96 (Adj. Sess.), § 98; 2017, No. 46, § 43, eff. July 1, 2019; 2023, No. 8, § 3, eff. July 1, 2023.)
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.vermont.gov
Cited in 4 court opinions in our collectionLatest citing opinion in our collection: 2006
Opinions citing this section in our collection:
- Baker v. State (Supreme Court of Vermont 1999, 170 Vt. 194)“…and consanguinity related to public health and safety, see 18 V.S.A. § 5142 (minors and incompetent persons); 15 V.…”
- State v. Deyo (Supreme Court of Vermont 2006, 181 Vt. 89)“…that the public good requires such license to be issued.” 18 V.S.A. § 5142(2). This provision suggests that minors…”
- State v. Barlow (Supreme Court of Vermont 1993, 160 Vt. 527)“…tain requirements for minors who wish to marry. Pursuant to 18 V.S.A. § 5142(2), a minor between the ages of fourtee…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 5145Civil marriage license required for solemnizationIn force
Persons authorized by section 5144 of this title to solemnize marriage shall require a civil marriage license of the parties, before solemnizing such marriage. The license shall afford full immunity to the person who solemnizes the marriage. (Amended 1965, No. 194, § 10, eff. Feb. 1, 1967; 1969, No. 164 (Adj. Sess.), § 2; 1979, No. 142 (Adj. Sess.), § 15; 1987, No. 198 (Adj. Sess.); 1991, No. 198 (Adj. Sess.); 2009, No. 3, § 12a, eff. Sept. 1, 2009.)
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.vermont.gov
§ 5144Persons authorized to solemnize marriageIn forcecited in 2 of our articles
(a) Marriages may be solemnized by: (1) a Supreme Court Justice, a Superior judge, a judge of Probate, an assistant judge, a justice of the peace, a magistrate, a Judicial Bureau hearing officer, or an individual who has registered as a temporary officiant with the Vermont Secretary of State pursuant to section 5144a of this title; (2) a member of the clergy ordained, licensed, or otherwise regularly authorized by the published laws or discipline of the general conference, convention, or other authority of his or her faith or denomination who: (A) resides in this State; (B) resides in New Hampshire, Massachusetts, or New York or in the adjacent province of Quebec, Canada, whose parish, church, temple, mosque, or other religious organization lies wholly or in part in this State; or (C) resides in some other state of the United States or in Canada and whose parish, church, temple, mosque, or other religious organization lies wholly outside this State, provided he or she has first secured from the Probate Division of the Superior Court in the unit within which the marriage is to be solemnized a special authorization, authorizing him or her to certify the marriage if the Probate…
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.vermont.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2018
Opinions citing this section in our collection:
- H. Brooke Paige v. State of Vermont (Supreme Court of Vermont 2018, 205 A.3d 526)“…he board of civil authority in the town where they reside. 18 V.S.A. § 5144; 24 V.S.A. §§ 441, 801. No statute vest…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Vermont Statutes Annotated, Title 15: Domestic Relations, Chapter 1: Civil Marriage
§ 8Marriage definitionIn force
Marriage is the legally recognized union of two people. When used in this chapter or in any other statute, the word “marriage” shall mean a civil marriage. Terms relating to the marital relationship or familial relationships shall be construed consistently with this section for all purposes throughout the law, whether in the context of statute, administrative or court rule, policy, common law, or any other source of civil law. (Added 1999, No. 91 (Adj. Sess.), § 25; 2009, No. 3, §§ 5, 12a, eff. Sept. 1, 2009.)
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.vermont.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2016
Opinions citing this section in our collection:
- Miller-Jenkins v. Miller-Jenkins (Supreme Court of Vermont 2006, 180 Vt. 441)“…rriage. The Legislature explicitly codified this holding in 15 V.S.A. § 8. 1999, No. 91 (Adj. Sess.), § 25. Thus,…”
- Melissa Solomon v. Jane Guidry (Supreme Court of Vermont 2016, 203 Vt. 268)“…ne woman” to “the legally recognized union of two people.” 15 V.S.A. § 8. Although not explicitly codified, the…”
- Colson v. Town of Randolph (Supreme Court of Vermont 2011, 191 Vt. 551)“…stion of the permissibility of “choate.” Noting that 15 V.S.A. 8 780(9) defines “wages” as including “pe…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 1aPerson forbidden to marry a relativeIn forcecited in 2 of our articles
No person shall marry his or her parent, grandparent, child, grandchild, sibling, sibling’s child, or parent’s sibling. (Added 2009, No. 3, § 3, eff. Sept. 1, 2009.)
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.vermont.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- bedell v. state (Vermont Superior Court 2023)“…n its motion to dismiss. 3 The State relies exclusively on 15 V.S.A. § 1a, which did not exist when Mr. Bedell wa…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Vermont Annulment Laws: Grounds, Deadlines and How to File (2026)
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Sources and References
- Vermont Statutes, 15 V.S.A. section 8, Definition of marriage (legislature.vermont.gov)(legislature.vermont.gov)
- Vermont Statutes, 15 V.S.A. section 1a, Prohibited marriages (legislature.vermont.gov)(legislature.vermont.gov)
- Vermont Statutes, Title 15 Chapter 1, Civil Marriage (legislature.vermont.gov)(legislature.vermont.gov)
- Vermont Statutes, 18 V.S.A. section 5131, Issuance of civil marriage license; solemnization; return of civil marriage certificate; registration (legislature.vermont.gov)(legislature.vermont.gov)
- Vermont Statutes, 18 V.S.A. section 5142, Persons not authorized to marry (legislature.vermont.gov)(legislature.vermont.gov)
- Vermont Statutes, 18 V.S.A. section 5144, Persons authorized to solemnize marriage (legislature.vermont.gov)(legislature.vermont.gov)
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