Common-Law Marriage States by Demian © March 2006, Demian Common-law marriage is only available in certain states in the United States and has never applied to same-sex couples. It allows for some marriage law to apply to opposite-sex couples who have lived together a certain length of time. The exact laws that apply — and the time necessary to trigger common-law status — vary by state. Most states have abolished common-law marriage by statute. Common-law marriage was seen by legislators as encouraging fraud, condoning vice, debasing conventional marriage, and as no longer necessary with easy access to the agents of the state that officiate legal marriage — such as clergy, and justices of the peace. Courts outside of the U.S. have periodically used their country’s common-law marriage status to allow certain domestic partner benefits apply to same-sex couples, most notably in Canada. [Please see our article: Legal Marriage Report] Common-Law Marriage States State Requirements Alabama Capacity An agreement to be husband and wife Consummation of the marital relationship Alaska NO LONGER RECOGNIZED     Recognized from March 7, 1939-December 31 1963 American Samoa Submitted to the chief counsel if alleged Colorado Established by proving cohabitation and a reputation of being married District of Columbia An express, present intent to be married Cohabitation Florida NO LONGER RECOGNIZED     Recognized before January 2, 1968 Georgia NO LONGER RECOGNIZED     Recognized only if concluded prior to January 1, 1997 Guam NO LONGER RECOGNIZED     Recognized before 1948 Idaho NO LONGER RECOGNIZED     Recognized only if concluded prior to January 1, 1996 Indiana NO LONGER RECOGNIZED     Recognized before January 1, 1958 Iowa Intent and agreement to be married Continuous cohabitation Public declarations that the parties are husband and wife Kansas Have the mental capacity to marry Agree to be married at the present time Represent to the public that they are married Michigan NO LONGER RECOGNIZED     Recognized before January 1, 1957 Minnesota NO LONGER RECOGNIZED     Recognized before April 27, 1941 Mississippi NO LONGER RECOGNIZED     Recognized before April 5, 1956 Montana Capacity to consent to the marriage An agreement to be married Cohabitation A reputation of being married Nevada NO LONGER RECOGNIZED     Recognized before March 29, 1943 New Hampshire For inheritance only Cohabiting couple acknowledges each other as husband and wife and generally reputed to be such for three years, and until one of them dies shall thereafter be deemed to have been legally married All events must occur in New Hampshire Ohio NO LONGER RECOGNIZED     Recognized only if concluded prior to October 10, 1991 Oklahoma NO LONGER RECOGNIZED     Recognized only if concluded prior to 1994     Be competent     Agree to enter into a marriage relationship     Cohabit Pennsylvania NO LONGER RECOGNIZED     Recognized only if concluded prior to September 17, 2003     Established if a man and woman exchange words that indicate     that they intend to be married at the present time Rhode Island Serious intent to be married Conduct that leads to a reasonable belief in the community that the man and woman are married South Carolina Established if a man and woman intend for others to believe they are married South Dakota NO LONGER RECOGNIZED     Recognized before July 1, 1959 Tennessee For inheritance only Texas Man and woman must sign a form provided by the county clerk Agree to be married Cohabit Represent to others that they are married Utah Be capable of giving consent and getting married Cohabit Have a reputation of being husband and wife Virgin Islands NO LONGER RECOGNIZED     Recognized before September 1, 1957 Cases dealing with Common-Law Status Pennsylvania This state had a common-law marriage status until an appeals court abolished it on September 17, 2003. The court said that it is no longer necessary to give longtime, live-in couples the benefits of marriage without a license. The Commonwealth Court said recognizing such unions has created an impossible situation for third parties trying to determine whether a person is married or single. “Many sound reasons exist to abandon a system that allows the determination of important rights to rest on evidence fraught with inconsistencies, ambiguities and vagaries,” Judge Bonnie Brigance Leadbetter wrote in her decision. She added that the circumstances that created a need for common-law marriage have dissipated. These were the potential unavailability of a preacher in colonial times, and the dependence of women on men for support. The ruling, was made in the case of John Kretz, who sought pension benefits after his common-law wife, Janet Stamos, died in a 1994 plane crash. The ruling will not affect any existing common-law marriages, but will bar people from entering into them in the future. The case could be appealed Washington State There have been some court judgments in Washington which have created a “quasi-common-law” status. This has sometimes been applied to same-sex couples. This “quasi” status was totally dismissed for use by for same-sex couples in an Appeals Court ruling on February 11, 2000 in Vasquez v. Hawthorne. However, in May 2002, the state Supreme Court ruled that their 30-year, same-sex relationship was enough like a marriage to grant the survivor a share of his deceased partner’s estate. In November 2002, a Yakima County Superior Court judge ruled that two women ending a 10-year relationship divide their assets equally, a decision that amounts to a divorce in a state that did not recognize same-sex marriage. Judge Heather Van Nuys said the relationship between Yakima physician Julia Robertson and Seattle nurse Linda Gormley was “sufficiently marriagelike to provide equitable relief.” Future state laws could easily eliminated these “quasi-common-law” status situations. States Without “Common-Law” Status That Recognize Other States’ Common-Law Marriages Arizona Arkansas California Delaware Hawaii Maryland Minnesota Missouri Nebraska New York North Carolina Oregon Tennessee Virginia Washington West Virginia © 2006, Demian The Sweet Corn Shop    Products that affirm self-esteem and social equality.    A smart variety of Bumper Stickers and Buttons    for political impact, plus Mugs and Teddy Bears.    Purchases help support Partners’ efforts.