§PlainStatute

Family · Common-Law Marriage

Common-Law Marriage: The Rule in Each State

Whether your state lets a couple become married without a license, whether it honors a common-law marriage formed in another state, and why the seven-year rule is a myth. Each cited to the statute or the controlling law.

6 of 50 states published. 3 verified against the official statute; the rest drafted from corroborating sources, including states where the recognition rule comes from case law rather than a statute.The seven-year myth is false everywhere. No state sets a minimum number of years of living together to create a marriage.

Read this first: forming one vs recognizing one

Two questions matter, and they have different answers. Can you form a common-law marriage here, and will the state recognize one formed elsewhere? Of these six states, only Texas still lets couples form one, which it calls informal marriage. Pennsylvania grandfathers those formed on or before January 1, 2005. California, Florida, New York, and Illinois allow no new ones.

But here is the fact that decides most cases: every one of these states recognizes a common-law marriage validly formed in a state that allows it. So a couple who became common-law married in Texas or Colorado and then moved keeps that marriage. And the seven-year rule is a myth: no state, not even Texas, requires a minimum number of years. What matters is a present agreement to be married, cohabitation, and holding out as spouses. Every figure links to the source, and pages still pending verification say so.

Pick your state

Whether it recognizes common-law marriage, the status, and the source on each card.

C

CA
California
Not recognized
In this state
StatusAbolished 1895
Statute§308

F

FL
Florida
Not recognized
In this state
StatusVoid after Jan 1, 1968
Statute§741.211

I

IL
IllinoisDraft
Not recognized
In this state
StatusVoid since 1905
Statute750 ILCS 5/214

N

NY
New York
Not recognized
In this state
StatusAbolished 1933
Statute§11

P

PA
PennsylvaniaDraft
Only if before 2005
In this state
CutoffOn or before Jan 1, 2005
Statute§1103

T

TX
TexasDraft
Recognized
In this state
DurationNo minimum years
Statute§2.401

What these pages are, and what they aren't

Each state page is a reference for whether common-law marriage is recognized and the neutral steps to confirm your status. They are deliberately not advice for your relationship: the elements, the dates, and out-of-state recognition can all change the answer, so each page links to the statute or case and a way to reach a licensed attorney. This is legal information, not legal advice.