A common law marriage is a legally recognized marriage that occurs without a formal wedding ceremony or marriage license. Instead, it results from the couple's mutual agreement to be married, followed by cohabitation and presenting themselves publicly as a married couple. This means the couple lives together, intends to be married, and holds themselves out to others as spouses, such as by using the same last name or referring to each other as husband and wife
. Not all jurisdictions recognize common law marriages, but those that do typically require certain conditions to be met, such as:
- Living together for a continuous period (which varies by state)
- Mutual agreement and intent to be married
- Public acknowledgment of the relationship as a marriage
- Both parties being legally eligible to marry (e.g., not currently married to others)
Common law marriage is distinct from mere cohabitation or other informal partnerships, which do not grant the same legal rights and obligations as marriage. Couples in a common law marriage have similar rights and responsibilities as formally married couples, including financial benefits and the need to legally divorce to end the marriage
. In the United States, only a handful of states and the District of Columbia recognize common law marriages, including Colorado, Iowa, Kansas, Montana, Rhode Island, Texas, Utah, and D.C. Some states recognize common law marriages only if entered into before a certain date or under specific conditions
. In contrast, common law marriage does not exist in places like Scotland or the UK, where cohabiting couples do not have the same legal status as married couples, despite common misconceptions
. In summary, a common law marriage is a legally binding marriage formed by the couple's conduct and mutual agreement rather than through formal ceremonies or licenses, recognized in some jurisdictions with specific requirements.
