Common Law Marriage States: Are You Accidentally Married?
Many couples believe that living together for 7 years automatically creates a marriage. This is a persistent myth. However, in 7 states and Washington D.C., you can become legally married without a license if you meet specific criteria. The catch? There is no such thing as “Common Law Divorce.” Once established, you need a court order to split. Here is the corrected 2026 list, including important changes for South Carolina.
1. The Rule: “Holding Out” is Key
It is rarely about the clock. It is about your public behavior.
1. Cohabitation: Live together in that specific state.
2. Capacity: Be single and over 18 (legal to marry).
3. Holding Out: Tell the community you are married. (e.g., Introducing partner as “husband/wife,” putting both names on a deed).
2. Which States Allow It? (2026 List)
Verify your state carefully. South Carolina is no longer on the active list.
| Status | Jurisdictions | Nuance |
|---|---|---|
| Full Recognition (Active) |
Colorado, Iowa, Kansas, Montana, Rhode Island, Texas, Utah, Washington D.C. | Oklahoma is often cited, but case law is complex and conflicting. |
| Grandfathered (Past Only) |
South Carolina (Pre-July 2019), Alabama (Pre-2017), PA (Pre-2005). | New couples cannot form one. Valid only if started before the cutoff date. |
| No Recognition | California, New York, Florida, Illinois, etc. | Living together for 50 years creates zero marital rights. |
3. Timeline: The “Forever” Trap
There is no “Common Law Divorce.” Once you cross the line, you are locked in until a judge releases you.
| Stage | Legal Status | Financial Consequence |
|---|---|---|
| Living Together | Roommates | |
| “Holding Out” | Married | |
| Breakup | Divorce |
4. Strategy: “Full Faith and Credit”
What happens if you move?
- The Rule: Under the U.S. Constitution, states must recognize valid legal acts of other states.
- The Scenario: You establish a valid common law marriage in Texas. You then move to California (which does not allow common law marriage).
- The Result: California MUST recognize your Texas marriage. You are still married. If you split up in California, you must get a legal divorce under California law.
5. Warning: The “Tax Return” Mistake
One checkbox can change your life.
⛔ Filing Jointly
Filing a federal tax return as “Married Filing Jointly” is the strongest proof of common law marriage.
- The IRS: To file jointly, you must be legally married.
- The Effect: By checking that box, you are legally declaring to the federal government that you are married. You cannot later claim “we were just dating” when one partner demands alimony.