Do you assume common law marriage exists everywhere? At some point growing up I "learned" that any couple who lives together for seven years automatically becomes a common law marriage, and never thought much since. However, that's a total myth according to the Unmarried Equality website.

According to the National Conference of State Legislature a common law marriage means you're considered legally married without having a marriage license or a ceremony, and yes, you do get the same rights as a couple who took the traditional method according to Unmarried Equality.

  • Property rights
  • Medical benefits
  • Inheritance
  • Social Security
  • Tax benefits
  • Spousal support

If you choose to end your relationship, you must get a divorce, even though you never had a wedding. Legally, common law married couples must play by all the same rules as “regular” married couples.

 

There are only ten states plus Washington, D.C that you can have a common law marriage.

New York isn't one of them and the only two states in New England that recognize it are Rhode Island and New Hampshire.

This means as long as you live as if you're married by telling the community you're married, calling each other husband and wife, using the same last name, and filing joint income tax returns to name a few things.

  • New Hampshire
  • Rhode Island
  • Colorado
  • Washington, DC
  • Iowa
  • Kansas
  • Montana
  • Texas
  • Utah
  • South Carolina
  • Oklahoma

According to The Knot website, each state and D.C. may have some specific requirements as well.

For example, in New Hampshire, it's technically called “cohabitation” not “common law marriage” and you must be together at least three years. When someone dies, the survivor will be treated as the spouse of the deceased for inheritance purposes according to the state.

Meanwhile, these six states abolished common law marriage but recognize it previous to ending the law.

  • Pennsylvania
  • Ohio
  • Indiana
  • Georgia
  • Florida
  • Alabama

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