Only seven US states and the District of Columbia still allow couples to enter a common law marriage. Rhode Island became the most recent to close the door, abolishing new common law marriages on January 1, 2026.
The most persistent myth about it is the seven-year rule, and no state has ever had one. Living together for any length of time creates nothing on its own. Here is where common law marriage is still recognized, and what it actually takes to form one.
Common Law Marriage by State at a Glance
| Jurisdiction | Status | Key Date or Condition |
|---|---|---|
| Colorado | Allows new | No holding-out requirement since 2021 |
| District of Columbia | Allows new | Standard requirements apply |
| Iowa | Allows new | Standard requirements apply |
| Kansas | Allows new | Both parties must be 18 or older |
| Montana | Allows new | Standard requirements apply |
| Oklahoma | Allows new | Legally contested but still recognized |
| Texas | Allows new | Declaration can be filed with county clerk |
| Utah | Allows new | Requires a court order to validate |
| Rhode Island | Grandfathered | Formed before January 1, 2026 |
| South Carolina | Grandfathered | Formed before July 24, 2019 |
| Alabama | Grandfathered | Formed before January 1, 2017 |
| Pennsylvania | Grandfathered | Formed before January 1, 2005 |
| Georgia | Grandfathered | Formed before January 1, 1997 |
| Idaho | Grandfathered | Formed before January 1, 1996 |
| Ohio | Grandfathered | Formed before October 10, 1991 |
| Florida | Grandfathered | Formed before January 1, 1968 |
| Indiana | Grandfathered | Formed before January 1, 1958 |
The Eight Jurisdictions That Still Allow It
Colorado
Colorado has the most permissive standard in the country. A 2021 state supreme court decision removed the requirement that a couple publicly hold themselves out as married, leaving mutual agreement and cohabitation as the core test.
That makes Colorado common law marriages easier to establish and, correspondingly, easier to create without intending to. Couples who move to Colorado and live together should understand what the state may infer.
Texas
Texas calls it informal marriage and offers something no other state does: a couple can sign a Declaration of Informal Marriage with the county clerk, creating a documented record rather than relying on later proof.
Without that declaration, Texas requires agreement to be married, living together in the state as spouses, and representing to others that you are married. Texas also imposes a two-year rule for proving it after separation, which is unusual.
Utah
Utah is the strictest of the eight. A common law marriage is not recognized until a court issues an order validating it, and that petition must generally be filed within one year of the relationship ending.
This effectively reverses the usual arrangement. In most states the marriage exists and courts confirm it later; in Utah it does not legally exist until a judge says so.
Iowa, Kansas, and Montana
These three apply the traditional test: legal capacity to marry, a present agreement to be married, cohabitation, and public representation as a married couple. Iowa courts weigh evidence such as joint tax returns, shared accounts, and how a couple introduces itself.
Kansas adds a minimum age of 18 for both parties, which closed a route previously used to circumvent its formal marriage age rules.
Oklahoma and the District of Columbia
The District of Columbia applies the standard requirements and has recognized common law marriage for well over a century.
Oklahoma is the outlier. Statutory changes have left genuine disagreement among lawyers about whether new common law marriages can still form there, and courts have continued to recognize them. Anyone relying on one in Oklahoma should get advice specific to their situation rather than assuming either answer.
Nine States Recognize Only Older Marriages
Nine states abolished common law marriage but kept every one formed before their cutoff date valid permanently. A couple who met the requirements in Pennsylvania in 2004 is still married today, and always will be.
The full list runs from most to least recent: Rhode Island closed on January 1, 2026, South Carolina on July 24, 2019, Alabama on January 1, 2017, and Pennsylvania on January 1, 2005. Before them came Georgia in 1997, Idaho in 1996, Ohio in October 1991, Florida in 1968, and Indiana in 1958, the earliest of the group.
Because these marriages never expire, courts in these states still handle common law marriage cases decades after abolition, most often in inheritance and pension disputes where one partner has died. An Indiana couple who qualified in 1957 is still legally married nearly seventy years later, and a court would treat them exactly as it would any other married couple.
The Seven-Year Rule Does Not Exist
No state has ever required a minimum period of cohabitation to form a common law marriage. Not seven years, not one year, not any length of time.
The actual requirement is a present agreement to be married right now, not an intention to marry later. Two people can live together for thirty years and never be common law married if they never agreed they were married. Conversely, in a state that allows it, a couple who genuinely agree they are married and present themselves that way can meet the test in far less than seven years. Duration is only evidence, never the trigger.
What It Actually Takes
Four elements appear in nearly every state that recognizes it. Both people must have the legal capacity to marry, meaning of age, of sound mind, and not already married to someone else.
They must have a present mutual agreement to be married, they must live together, and in most of these states they must hold themselves out publicly as a married couple. That last element is what courts examine most closely, because it produces evidence: filing joint tax returns, using the same surname, referring to each other as spouse, listing a partner as next of kin, or naming them on insurance and benefit forms.
A Common Law Marriage Is a Real Marriage
This is the part people most often misunderstand. A valid common law marriage is legally identical to a licensed one. It carries the same rights to inheritance, spousal benefits, and property, and it can only be ended by divorce, not by separating.
There is no such thing as a common law divorce. Couples who separate without a formal divorce remain married, which creates serious problems if either later attempts to marry someone else. Inheritance is where this surfaces most often, and our guide to dying without a will explains how state law distributes an estate when no will exists, a process in which spousal status is decisive.
Every State Recognizes One Formed Elsewhere
A common law marriage validly created in a state that permits it remains valid in all 50 states. Move from Texas to California and you are still married, even though California does not allow new common law marriages to form.
This follows from the Full Faith and Credit Clause and long-standing comity principles. The practical consequence catches people out in both directions: couples who established one without meaning to remain married after relocating, and couples who assume living together in a non-recognizing state built up rights that do not exist there.
How We Compiled This List
Jurisdictions are grouped by whether they permit new common law marriages to form or only recognize those established before a statutory cutoff, with dates current as of 2026. Rhode Island moved from the first group to the second on January 1, 2026.
Seven states plus the District of Columbia allow new ones and nine states recognize older ones, so 34 states have no common law marriage of their own, though all of them recognize valid marriages formed elsewhere. Requirements vary in detail and case law shifts, so treat this as orientation rather than a substitute for advice. Couples wanting certainty should marry formally or document their intentions, and our comparison of online will makers covers one way to record them.
Frequently Asked Questions
Which states still allow common law marriage?
Colorado, Iowa, Kansas, Montana, Oklahoma, Texas, Utah, and the District of Columbia. Rhode Island stopped allowing new ones on January 1, 2026.
Is there a seven-year rule for common law marriage?
No. No state has ever required a minimum period of living together. What matters is a present agreement to be married, not how long a couple has cohabited.
Does a common law marriage end if we separate?
No. It can only be ended by divorce, exactly like a licensed marriage. There is no common law divorce, and separating without one leaves both people legally married.
Is a common law marriage valid if we move to another state?
Yes. All 50 states recognize a common law marriage that was validly formed in a state permitting it, under the Full Faith and Credit Clause.
How do you prove a common law marriage?
Through evidence of holding out as married: joint tax returns, shared bank accounts and property, a shared surname, insurance and beneficiary forms naming a spouse, and testimony from people who knew the couple as married.
A Note on Legal Advice
This article is general information, not legal advice. Common law marriage is governed at state level and the details differ meaningfully between the jurisdictions listed here, particularly in Oklahoma and Utah.
Whether a specific relationship qualifies is a fact-heavy question that courts decide case by case. Anyone whose inheritance, benefits, or property rights may depend on the answer should consult an attorney licensed in their state. Related planning documents are covered in our guide to types of power of attorney.