All Laws Decoded

What Is Common-Law Marriage?

A common-law marriage is a marriage formed without a license or ceremony, typically by a couple who agree to be married, live together, and present themselves to others as married. Only some states allow new common-law marriages to be formed, and the requirements are set by each state's law. Texas, for example, calls it an "informal marriage." Federal agencies such as the IRS and Social Security generally look to state law to decide whether a common-law marriage is valid.

What the law says

FAQ

How is a Texas informal marriage proved?
Either with a declaration of informal marriage signed as the statute provides, or with evidence that the couple agreed to be married, then lived together in Texas as spouses and represented to others that they were married.
If we move to a state that doesn't allow common-law marriage, are we still married?
It depends on the new state's law. Ohio, for example, recognizes common-law marriages validly formed in another state or nation that allows them, as long as they have not been terminated.
Can a common-law couple file a joint federal tax return?
Yes, if the common-law marriage is recognized in the state where they now live or the state where it began, the IRS considers them married for filing status purposes.
How does Social Security decide whether a common-law spouse qualifies?
It applies state law and asks for evidence, such as statements from each spouse and from blood relatives, and documents like rent or mortgage receipts, insurance policies, or bank records showing the couple presented themselves as married.
Is there such a thing as a common-law divorce?
In Texas, no separate process exists: couples who want to end a common-law marriage must file for divorce.

Related

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.