This guide provides an overview of common law marriage. Topics covered include general requirements for a common law marriage, which states recognize common law marriage, and property rights and other rights of unmarried couples.
Franklin Ohio USLegal Guide to Common Law Marriage
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FAQ
How long do we have to live together to have a common-law marriage? There is no time requirement for establishing a common law marriage in Colorado. A common law marriage could possibly be valid after one day. Or you could live together with your boyfriend/girlfriend for decades but not be common-law married.
Where is common-law marriage allowed? Here are the places that recognize common-law marriage: Colorado, Iowa, Kansas, Montana, New Hampshire (for inheritance purposes only), Oklahoma, Rhode Island, South Carolina, Texas, Utah and the District of Columbia.
A common law marriage is a legally recognized marriage between two people who have not purchased a marriage license or had their marriage solemnized by a ceremony. Not all states have statutes addressing common law marriage. In some states case law and public policy determine validity.
What is Common Law Marriage: A Definition You must live together (amount of time varies by state). You both must have the legal right or "capacity to marry". Both must be 18 years old (varies by State).You both must intend to be married. You both must hold yourself out to friends and family as being a married couple.
A common myth is that if you live with someone for seven years, then you automatically create a common law marriage. This is not true -- a marriage occurs when a couple lives together for a certain number of years (one year in most states), holds themselves out as a married couple, and intends to be married.
The following are the only 2 requirements for common law marriage: The parties are free to enter into a marriage. Neither is married to another person. Both parties are of legal age (18). If either party is between the ages of 16 and 18, they shall have obtained appropriate parental or guardian consent.
While there is no time limit on the amount of a time a couple lives together, the law does require that a couple cohabitate for two years. Should the couple break up before two years and live apart, it would be assumed that the couple did not enter into an agreement to be married.
It is important that couples understand these requirements of common law marriage in order to protect their rights. While there is no time limit on the amount of a time a couple lives together, the law does require that a couple cohabitate for two years.
Where recognized, a common-law marriage is as valid as a typical marriage. Example: Although Joe and Melissa never formally married, they tell people they are married, they use the same surname, they buy a house together and they tell their children's teachers that they are husband and wife.
There is no minimum length of time required to establish a common law marriage. Living together and having the mutual intent to be married is enough in Colorado. Because we cannot know what a person was thinking, it can be tricky when one person denies they intended to be married.