what states are common law marriage
Quick Scoop
The states commonly listed as recognizing common law marriage today are Colorado, Iowa, Kansas, Montana, Rhode Island, Texas, Utah, and the District of Columbia. Some sources also note limited or grandfathered recognition in places like New Hampshire, Oklahoma, and South Carolina , depending on the situation and when the relationship began.
| State / jurisdiction | How it’s recognized |
|---|---|
| Colorado | Recognized | [9][1]
| Iowa | Recognized | [1][9]
| Kansas | Recognized | [9][1]
| Montana | Recognized | [1][9]
| Rhode Island | Recognized | [9][1]
| Texas | Recognized | [1][9]
| Utah | Recognized, usually with specific legal steps/requirements | [9]
| District of Columbia | Recognized | [1][9]
| New Hampshire | Limited recognition, mainly after death for inheritance purposes | [1]
| Oklahoma, South Carolina, Pennsylvania, Idaho, Georgia, Ohio | Often only for older relationships or limited grandfathered cases | [3][7]
What to know
Common law marriage is not automatic just because a couple lives together. In states that recognize it, the couple usually must meet specific requirements such as intending to be married and presenting themselves publicly as married.
Important note
These rules can be nuanced and time-sensitive, especially for grandfathered relationships and interstate situations. If you want, I can also give you a state-by-state plain-English list or help check your specific state.