You need to login in order to like this post: click here
A common law marriage is when a couple lives together for a period of time and holds themselves out as a married couple in their community, without ever formally marrying with or obtaining a marriage license. Remember, simply living together is not sufficient for a common law marriage.
Below are three requirements that apply in many states where common law marriage is permitted:
- The couple must live together for a period of time, which varies state to state.
- Each person has the legal right or “capacity” to marry
- The couple must intend to be married.
- The couple must hold themselves out to family/friends as being a married couple. This may include using the same last name, referring to each other as the other’s spouse, using a joint bank account or credit cards.
Not all states recognize Common Law Marriage. These are the states that DO fully recognize Common Law Marriage:
- District of Columbia
- Rhode Island
- South Carolina
States that Recognize Same-Sex Common Law Marriage
Currently, the following states recognize same sex common law marriages:
District of Columbia
Most other states that recognize common law marriage have made the acceptance of such gender-specific, meaning that only a common law marriage between a man and a woman is recognized.