About Law: Living Together

Q: What is common law marriage?

A: Common law marriage is a marriage that occurs through the actions of the couple involved. Common law marriage is legally binding; however, it is not licensed by government agencies. Some people have ceremonies that don’t conform with licensing requirements or are performed by people who are not recognized.

There are no recorded public records of a common law marriage. The marriage occurs over a period of time through the actions of the couple. The parties consider themselves to be husband and wife, and they live together in a state that recognizes common law marriage. The amount of time they have to reside together varies from state to state.

The parties must mutually consent to be married, they have to be either old enough to be married or have their parent’s consent. In the United States at this time, there is no state that recognizes common law same-sex marriages. Couples who are in a common law marriage must go through the same legal proceedings as someone who is married by a notary public, justice of the peace or someone recognized with the ability to sign their marriage license.



Thomas F. Ryan holds a law degree from the University of Miami and has been practicing since 1970. He is a general practitioner with a large portion of his practice in family law. He can be reached at ryanlaw@aol.com.