These 10 States Still Allow Common Law Marriages

Did you assume common law marriage existed in every state? I did.

I feel like it was one of those bits of information that floated around as simply a given that if you lived with someone for seven years, you were in a common-law marriage.

However, according to the Unmarried Equality website, that's a total myth.

According to the National Conference of State Legislature, a common law marriage means you're legally married without having a marriage license or a ceremony.

According to Unmarried Equality, common law marriages offer many of the same rights as traditional marriages, which often surprised couples who found themselves in one.

• Property rights
• Medical benefits
• Inheritance
• Social Security
• Tax benefits
• Spousal support

If you choose to end your relationship, you must get a divorce, even though you never had a wedding. Legally, common law married couples must play by all the same rules as “regular” married couples.

 

However, surprisingly, at least to me, they're actually not mainstream at all. Only a few recognize them.

If you live in one of the following 10 states or Washington, D.C., common law marriage is legal.

You must live together as if you're married. This means thinking of yourself married and voicing such, calling each other husband and wife, using the same last name for various things, and filing joint income tax returns to legally claim common law.

• Colorado
• Washington, DC
• Iowa
• Kansas
• Montana
• Rhode Island
• Texas
• New Hampshire
• Utah
• South Carolina
• Oklahoma

According to The Knot website, each state and D.C. may have some specific requirements as well.

Meanwhile, these six states abolished common law marriage but grandfathered it for those who were married before the state removed it from the books.

• Pennsylvania
• Ohio
• Indiana
• Georgia
• Florida
• Alabama