Living with a partner for many years can make you feel like a married couple. Many people mistakenly believe that living together long enough means the law automatically recognises the relationship as a marriage. This is called a common law marriage. Some states recognise it, but many do not, which can confuse couples about their legal rights and protections.
Understanding your state's laws is essential for protecting your future. This guide explains what a common law marriage is, which states recognise it, and what alternatives exist for unmarried couples to secure legal rights. By the end, you'll see how these laws might affect your relationship and what steps you can take to protect yourself and your partner.
Common Law Marriage Explained
A common law marriage is a legally recognised marriage between two people who have not purchased a marriage license or had a formal wedding ceremony. To be considered married under common law, a couple must usually meet specific requirements that vary by state. These often include:
- Presenting themselves to the public as a married couple: This could mean using the same last name, referring to each other as "husband" or "wife," or filing joint tax returns.
- Intending to be married: Both partners must agree and intend to be in a marital relationship.
- Living together: The couple must cohabitate, although most states don't specify a minimum amount of time.
It's a myth that living together for a certain number of years, like 7, automatically results in a common-law marriage. Only a handful of states permit the formation of new common law marriages. (Common Law Marriage: State Guide, 2025)
States That Recognise Common Law Marriage
Currently, only a few states and the District of Columbia allow couples to form a common-law marriage. These states are:
- Colorado
- Iowa
- Kansas
- Montana
- Oklahoma
- Rhode Island
- Texas
- Utah
- Washington, D.C. (Common Law Marriage Fact Sheet, 2018)
Additionally, New Hampshire recognises common law marriage, but only for inheritance purposes after one partner's death. Several other states that previously allowed it will still recognise common-law marriages established before the practice was abolished. (Common-Law Marriage: A Nineteenth-Century Relic with Continuing Relevance, 2010)
If a couple forms a valid common law marriage in one of these states and then moves to a state that doesn't recognise it, the new state will typically still honour the marriage under the U.S. Constitution's "Full Faith and Credit Clause." However, proving the validity of a marriage can be challenging without legal documentation. (Common Law Marriage: State Guide, 2025)
Arizona and Common Law Marriage
If you live in a state like Arizona, it's essential to know that the state does not permit the creation of new common law marriages. This means that, no matter how long you and your partner have lived together, you are not legally married in Arizona without a marriage license and a ceremony. (520 Legal Marriage, 2020)
There is one key exception: Arizona will recognise a common law marriage if it was validly established in a state that permits them. For example, if a couple enters into a common law marriage in Colorado and then moves to Arizona, Arizona law should recognise their marital status. (Common Law Marriages, 2023) Still, navigating this can be complex, and some entities might not automatically accept the marriage without proof.
Legal Protections for Unmarried Couples
For couples in states that do not recognise common-law marriage, there are other ways to establish legal rights and protections similar to those of married couples. The most common tool is a cohabitation agreement.
What Is a Cohabitation Agreement?
A cohabitation agreement is a legal contract between two people who live together but are not married. This document outlines how assets, debts, and property will be managed during the relationship and, if the couple separates, divided. (Cohabitation Agreements - FindLaw, n.d.) Unlike married couples, unmarried partners must create this contract to define their rights.
These agreements are legally binding and allow unmarried couples to customise their financial and property arrangements. (Cohabitation Agreement, 2025) Property acquired during the relationship is typically considered separate, but a cohabitation agreement can specify that certain assets are jointly owned.
What to Include in a Cohabitation Agreement
To ensure your cohabitation agreement is valid and enforceable, it should be comprehensive and transparent. Key elements to include are:ets like homes, cars, bank accounts, and investments will be divided upon separation.
- Debt Responsibility: Clarify how joint and individual debts will be managed both during the relationship and if it ends.
- Financial Support: Outline any arrangements for financial support (similar to alimony) if one partner needs assistance after a breakup.
- Child-Related Matters: If you have or plan to have children, address custody, child support, and parental rights.
- Dispute Resolution: Specify a process for resolving disagreements, such as mediation, to avoid costly court battles.
For the agreement to be legally valid, it must be entered into with mutual consent, include lawful terms, and fully disclose all assets and liabilities. (Cohabitation Agreements - FindLaw, 2025) It is recommended to work with a Family law attorney to draft the agreement and ensure it meets all legal requirements.
What Happens if a Cohabiting Couple Marries?
If a couple with a cohabitation agreement decides to get married, the deal does not automatically become a prenuptial agreement. A prenup serves a similar purpose but is created in anticipation of marriage and must meet different legal standards. The cohabitation agreement can serve as a guide for drafting a prenup, but a new document must be created and signed to be valid. (Cohabitation Agreements - FindLaw, 2025)
Secure Your Relationship's Future
Understanding the laws around common law marriage and cohabitation is vital for any unmarried couple living together. In states that do not recognise common law marriage, simply sharing a life and a home for years does not grant you the legal protections of a married couple.
Taking proactive steps, like creating a cohabitation agreement, is the most effective way to protect your assets, define your rights, and ensure both partners are on the same page. This legal document provides clarity and security, allowing you to build your future together with confidence. If you have questions about your rights as an unmarried couple, consulting a Family law attorney can provide the guidance you need to make informed decisions.