Common Law Marriage FAQ

Does living together for 7 years make you married?

No. No state creates a marriage just from cohabitation for any number of years, including seven. The seven-year rule is a myth. A common law marriage requires a present agreement to be married, cohabitation, and holding out as spouses — and only in states that still allow it.

What states still allow new common law marriages?

As of 2026: Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas, and the District of Columbia. Utah recognizes it only by a court or administrative finding within one year of the relationship ending, and New Hampshire only for inheritance after a partner dies.

If my state does not allow it, does my out-of-state common law marriage count?

Yes. Under the Full Faith and Credit Clause, every state recognizes a common law marriage that was validly formed in another state. The law of the state where it was formed controls.

How do we prove a common law marriage?

Through the overall picture: a declaration of marriage, joint accounts and tax returns, a shared lease or deed, beneficiary and insurance forms, and testimony that you presented as spouses. No single document is required.

Is a common law marriage really a marriage?

Yes. Where valid, it has the same legal effect as a ceremonial marriage for divorce, taxes, inheritance, and benefits. Ending it requires a formal divorce.

Is this legal advice?

No. This is general reference information. Laws vary and change; verify your situation with a licensed attorney in your state.