A common law marriage is one in which the couple lives together for a period of

time and holds themselves out to friends, family and the community as "being
married," but without ever going through a formal ceremony or getting
a marriage license. Below are three of the common requirements for most
states (note that just "living together" isn't enough to validate a common law
marriage).

1. You must live together (amount of time varies by state).

2. You both must have the legal right or "capacity to marry".

 Both must be 18 years old (varies by State).

 Both must be of sound mind.
 Both must not be married to someone else.

3. You both must intend to be married.

4. You both must hold yourself out to friends and family as being a
married couple.

 Taking the same last name.

 Referring to each other in public as "husband," "wife," or "spouse."
 Holding joint bank accounts / credit cards.
States that Recognize Common Law Marriage

The following list of states fully recognize common law marriage:

 Colorado
 District of Columbia
 Iowa
 Kansas
 Montana
 Rhode Island
 South Carolina
 Texas (calls it "informal marriage")
 Utah
States with Limited Recognition of Common Law Marriages

The following states formerly recognized common law marriages, and will
generally still recognize them if couples satisfied all the requirements before
such marriages were banned.

 Georgia (if created before January 1, 1997)

 Idaho (if created before January 1, 1996)
 New Hampshire (for inheritance purposes only)
 Oklahoma (if created before November 1, 1998)
 Ohio (if created before October 10, 1991)
 Pennsylvania (if created before January 1, 2005)
How to Tell If a Common Law Marriage Exists

Generally speaking, the strongest evidence that both partners intended to be

married would be a written agreement between them to that effect. Ultimately,
however, you only know for sure that a common law marriage exists when a
judge says so.

Here are some factors that a court would look at to determine if you are or were
in a common marriage:

 Did you two live together?

 Did one partner use the other partner's last name?
 Did you sign contracts together to buy a home? A car?
 Did you file joint tax returns?
 Did you have joint bank accounts?
 Did you each refer to each other as spouses?
 Did you share household duties and expenses?
 Did you have and raise children together?