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.

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State / jurisdiction How it’s recognized
Colorado Recognized
Iowa Recognized
Kansas Recognized
Montana Recognized
Rhode Island Recognized
Texas Recognized
Utah Recognized, usually with specific legal steps/requirements
District of Columbia Recognized
New Hampshire Limited recognition, mainly after death for inheritance purposes
Oklahoma, South Carolina, Pennsylvania, Idaho, Georgia, Ohio Often only for older relationships or limited grandfathered cases

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.