Learn what it is and where it's recognized.

A "common law marriage" is one in which the parties may hold themselves out as a husband and wife, and under certain circumstances, be deemed married without a marriage license or ceremony.  Florida doesn't have a common law marriage, however Florida does recognize common law marriages that occurred in other states.

What's Below:

• If my partner and I live together long enough, won't we have a common law marriage?
• Which states recognize common law marriage?

If my partner and I live together long enough, won't we have a common law marriage?

Contrary to popular belief, even if two people live together for a certain number of years, if they don't intend to be married and present themselves to others as a married couple, there is no common law marriage. More particularly, a common law marriage can occur only when:

• a heterosexual couple lives together in a state that recognizes common law marriages
• for a significant period of time (not defined in any state)
• holding themselves out as a married couple -- typically this means using the same last name, referring to the other as "my husband" or "my wife" and filing a joint tax return, and
• intending to be married.

Unless all four are true, there is no common law marriage. When a common law marriage exists, the couple must go through a formal divorce to end the relationship.

Which states recognize common law marriage?

Common law marriage is recognized only in the following states:

• Alabama
• Colorado
• District of Columbia
• Iowa
• Kansas
• Montana
• New Hampshire (for inheritance purposes only)
• Oklahoma
• Pennsylvania
• Rhode Island
• South Carolina
• Texas
• Utah