A common-law marriage is a real marriage that starts without a license or a ceremony. If a couple in a state that allows it agree to be married, live together and present themselves as spouses, the law treats them as married. They get the same rights to property, inheritance and benefits as any other married couple. They also need a divorce to end it.
Most states no longer let couples create new common-law marriages, and the list keeps getting shorter. Utah closed the door in 2026. This guide covers where it still works as of October 2026, what Colorado and Texas require, and how these marriages are treated in other states and by federal agencies. This is general information, not legal advice. If property, children or benefits depend on the answer, talk to a family lawyer in your state.
Which states recognize common-law marriage (2026)
The Social Security Administration keeps a state-by-state chart in its operations manual (POMS GN 00305.075), because survivor and spousal benefits depend on it. The table below is based on that chart, plus 2026 state legislation that came after it.
New common-law marriages can still be formed in:
| Jurisdiction | Notes |
|---|---|
| Colorado | Both partners must be 18 or older for marriages formed on or after Sept. 1, 2006. The current test comes from the Colorado Supreme Court in 2021 (see below) |
| District of Columbia | requires an express mutual agreement to be presently married, plus cohabitation |
| Iowa | recognized. SSA notes that cohabitation after the agreement isn't strictly required |
| Kansas | recognized. Agreement can be implied from cohabitation and reputation |
| Montana | mutual agreement, cohabitation and public repute, proven by a preponderance of the evidence |
| Oklahoma | agreement, an exclusive relationship shown by cohabitation, and holding out to the public |
| Rhode Island | recognized. A 2025 bill to abolish new common-law marriages (H 5258) was held for further study in committee |
| Texas | called "informal marriage." Proved by a filed declaration or by agreement, cohabitation in Texas and holding out (see below) |
Limited recognition:
- Utah. Utah used to validate a marriage that wasn't solemnized through a court or administrative order. S.B. 110 (2026) took effect May 6, 2026. Now a petition to validate such a marriage can only be filed before May 5, 2027 (so May 4, 2027 is the last day), and only during the relationship or within one year after it ends. After that date, no new petitions can be filed.
- New Hampshire. A couple who lived together, acknowledged each other as spouses and were generally reputed to be married for three years "until the decease of one of them" are treated as married (RSA 457:39). In practice, this lets a surviving partner inherit. It doesn't create a marriage between two living partners.
Older marriages only (grandfathered). These states stopped allowing new common-law marriages but still recognize ones formed before the cutoff date, according to the SSA chart:
| State | Recognized if formed before |
|---|---|
| South Carolina | July 24, 2019 |
| Alabama | Jan. 1, 2017 |
| Pennsylvania | Jan. 1, 2005 |
| Georgia | Jan. 1, 1997 |
| Idaho | Jan. 1, 1996 |
| Ohio | Oct. 10, 1991 |
| Florida | Jan. 2, 1968 |
| Indiana | Jan. 1, 1958 |
The chart lists a few more states with even older cutoffs, including Michigan, Minnesota, Mississippi, Nevada, New Jersey and South Dakota. Every other state doesn't allow common-law marriage at all. Most of those states still recognize one that was validly formed somewhere it was allowed (see "Moving to another state" below).
The myths: no clock and no paperwork
Two beliefs cause most of the confusion:
- "Seven years of living together makes you married." No state works this way. The Texas State Law Library says Texas law doesn't require a couple to be together for any specific length of time. What matters is the agreement to be married and the conduct that follows. Couples can live together for decades without being married if they never agreed to be married.
- "We're not married because we never filed anything." In the states above, a valid common-law marriage doesn't need a filing. Texas offers an optional declaration (below), but couples who skip it can still be married.
Colorado: the 2021 test
Colorado has no statute that sets out the elements. Since 2006 a statute has only required that both partners be at least 18 and that the marriage not be otherwise prohibited (C.R.S. 14-2-109.5). The test comes from the courts. In In re Marriage of Hogsett & Neale, 2021 CO 1 (decided Jan. 11, 2021), the Colorado Supreme Court updated its 1987 Lucero test. A common-law marriage is now established by:
the mutual consent or agreement of the couple to enter the legal and social institution of marriage, followed by conduct manifesting that mutual agreement.
The court said the core question is whether the couple intended a marital relationship, meaning to share a life together as spouses with mutual support and obligation. The older Lucero signs still count but must be read in context. They include:
- living together;
- a reputation as a married couple;
- joint bank and credit accounts;
- jointly owned property;
- joint tax returns;
- the use of one partner's surname.
Many of these signs are now common among unmarried couples, so no single one decides the case. In Hogsett itself, the court found there was no marriage, even though the couple had once filed a joint petition for dissolution.
In May 2026, Colorado also passed HB26-1218. It restored a provision, repealed in 2025, saying that the formal license requirements don't invalidate an otherwise valid common-law marriage.
Texas: informal marriage and the declaration
Under Texas Family Code §2.401, an informal marriage can be proved in one of two ways:
- A signed declaration of informal marriage under §2.402; or
- Evidence that the couple agreed to be married, then lived together in Texas as spouses and represented to others that they were married.
Limits in the same section:
- Neither person may be under 18.
- Neither may be married to someone else.
- The two-year rule. If no case to prove the marriage is filed within two years after the couple separated and stopped living together, the law presumes they never agreed to be married. The presumption can be rebutted, but it makes the claim much harder to prove.
TexasLawHelp, the state's legal aid portal, says these rules apply to same-sex couples too.
Filing a Declaration of Informal Marriage
The declaration is on a state form provided by the county clerk (§2.402). It is titled "Declaration and Registration of Informal Marriage." Both partners give:
- their names, addresses and dates and places of birth;
- their Social Security numbers, if they have them;
- the ID they showed.
They answer the relationship questions and swear that they agreed to be married on or about a given date, lived together as spouses and told others in Texas they were married. Once filed, the declaration is proof of the marriage.
What counties ask for in practice:
- Both partners appear in person with valid ID (Travis County and Tom Green County both say so).
- Fee: set by the county. Travis County lists $45 and Tom Green County $47. Check your county clerk's page.
- Start date: Tom Green County asks for the date you began living together as a married couple. If that date falls before one of you turned 18, it moves to the 18th birthday.
Moving to another state
A common-law marriage validly formed in one state is generally treated as a marriage in other states. Most states that don't allow new common-law marriages still recognize one validly created elsewhere. The SSA chart notes this for California, Washington, Ohio and others. Two cautions:
- A short visit isn't enough. The SSA chart notes that Colorado, Texas and Oklahoma don't create a marriage for nonresidents just passing through. You can't drive to Texas for a weekend and come home married.
- Proof is the hard part. Without a license or a filed declaration, you prove the marriage with evidence of the agreement and how you lived. TexasLawHelp lists examples such as joint tax returns, shared leases and using your partner's last name. A court far from where you lived may be skeptical.
Federal agencies. For federal tax purposes, a marriage counts if it is recognized by the state where it was entered into, regardless of where you live now (26 CFR 301.7701-18). That includes a valid common-law marriage, so the couple files as married. Social Security also follows state law: it uses the POMS chart to decide spousal and survivor benefits. Our guide to taxes after marriage covers filing status.
Ending a common-law marriage takes a divorce
There is no "common-law divorce." The Texas State Law Library says a couple who split up "must file for divorce," just like a formally married couple. The same rules on property division, support and custody apply. Moving out, splitting the furniture or simply agreeing it's over doesn't end the marriage. A new marriage entered without a divorce can be invalid. Texas's §2.401(d) bars someone who is already married from forming an informal marriage with someone else.
In Texas, the two-year presumption works in both directions. A partner who wants property rights should file soon after the split. A partner who denies there was ever a marriage can rely on the presumption if the other side waits too long.
Common-law marriage vs. domestic partnership
| Common-law marriage | Registered domestic partnership / civil union | |
|---|---|---|
| Legal status | a marriage, the same as a licensed one | a separate status, where a state or city offers it |
| How it starts | conduct: agreement, cohabitation, holding out | registration with a state or local office |
| Federal taxes | married filing status (26 CFR 301.7701-18) | not a marriage for federal tax purposes (same regulation) |
| Available in | the jurisdictions listed above | depends on the state or city |
| Ending it | divorce | the termination procedure set by the registering state |
An employer's "domestic partner" benefits policy is a third category. It's a private plan definition and doesn't affect your legal marital status.
If you want certainty, get a license
Common-law marriage mostly matters after the fact: when a partner dies, when a couple splits or when benefits are at stake. If you want to be married, a license is cheaper and clearer than a court fight over what you once agreed to. A courthouse wedding usually costs less than a nice dinner. See marriage license requirements, how much a courthouse wedding costs and how to elope legally.
FAQ
How many states recognize common-law marriage in 2026?
New ones can still be formed in seven states (Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island and Texas) plus the District of Columbia. Utah allows petitions to validate one only before May 5, 2027 (the last day is May 4). New Hampshire recognizes it only after one partner dies. Several other states recognize only marriages formed before a cutoff date.
How long do you have to live together to be common-law married?
No set time. The Texas State Law Library says Texas law has no minimum period. What counts is an agreement to be married, living together and holding yourselves out as spouses.
Do we need to file anything in Texas?
No, but you can. A Declaration of Informal Marriage filed with the county clerk is proof of the marriage (Texas Family Code §2.401–2.402). Without it, you'd have to prove the elements with evidence.
If we move to a state without common-law marriage, are we still married?
Generally yes, if the marriage was valid where you formed it. Most states recognize valid out-of-state common-law marriages, and federal tax law looks at the state where the marriage was entered into.
Can we just break up?
Not legally. A valid common-law marriage ends only with a divorce (or the death of a spouse).
Sources
- Social Security Administration, POMS GN 00305.075, State Laws Regarding Common-Law Marriage (state chart with cutoff dates; effective 05/30/2023, checked October 2026): https://secure.ssa.gov/poms.nsf/lnx/0200305075
- Utah Legislature, S.B. 110 Marriage Amendments, 2026 General Session, enrolled copy (amends Utah Code 81-2-408; petitions only before May 5, 2027; within one year after the relationship ends; effective May 6, 2026): https://le.utah.gov/Session/2026/bills/enrolled/SB0110.pdf
- Colorado General Assembly, HB26-1218 Clarifying Validity of Common Law Marriage (signed May 5, 2026): https://leg.colorado.gov/bills/hb26-1218
- Colorado Supreme Court, In re Marriage of Hogsett & Neale, 2021 CO 1, No. 19SC44 (Jan. 11, 2021; refined test; C.R.S. 14-2-109.5 age requirement): https://www.coloradojudicial.gov/sites/default/files/2024-05/19SC44.pdf
- Texas Family Code §2.401 Proof of Informal Marriage and §2.402 Declaration and Registration of Informal Marriage (official text at statutes.capitol.texas.gov; read via the public.law mirror): https://texas.public.law/statutes/tex._fam._code_section_2.401 and https://texas.public.law/statutes/tex._fam._code_section_2.402
- Texas State Law Library, Common Law Marriage guide (no minimum time; declaration optional; ending requires divorce): https://guides.sll.texas.gov/common-law-marriage
- TexasLawHelp.org, Common Law Marriage (elements, evidence, two-year rule, same-sex couples): https://texaslawhelp.org/article/common-law-marriage
- Travis County Clerk, Marriage License (informal marriage declaration $45; both parties appear): https://countyclerk.traviscountytx.gov/?p=473
- Tom Green County Clerk, Requirements for Filing a Declaration of Informal Marriage ($47; ID; both appear; 18th-birthday rule): https://www.tomgreencountytx.gov/upload/page/0056/docs/requirements_informal.pdf
- 26 CFR 301.7701-18, Definitions; spouse, husband and wife, husband, wife, marriage (state of celebration rule; domestic partnerships and civil unions excluded): https://www.law.cornell.edu/cfr/text/26/301.7701-18
- Rhode Island H 5258 (2025), status per FastDemocracy bill tracker (held for further study, March 4, 2025): https://fastdemocracy.com/bill-search/ri/2025/bills/RIB00031310
Laws as of October 30, 2026. State rules on common-law marriage change, and courts decide individual cases on their facts. This article is general information, not legal advice.