\ afm \ Adjudicator's Field Manual - Redacted Public Version \ Appendices \ Appendix 21-1 List of States Recognizing Common Law Marraiges and their Requirements.
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List of States Recognizing Common Law Marraiges and their Requirements.
: Merely living together is NOT enough to validate a common law marriage. The four basic requirements for a valid common law marriage are:
The parties must live together.
The parties must present themselves to others as a married couple. Some ways of doing this are by using the same last name, referring to one another as husband or wife, and filing a joint tax return.
Although not defined, the parties must have been together for a significant period of time.
The parties must intend to be married.
: There are a limited number of states which currently have statutory provisions allowing for common law marriages. (However, under Article IV, Section 1 of the Constitution, every state is required to recognize as valid a common-law marriage that was “celebrated” in another state.) The following states, sometimes with restrictions, recognize common law marriages performed by parties living together within their jurisdiction and meeting certain other criteria:
The requirements for a common-law marriage are: (1) capacity; (2) an agreement to be husband and wife; and (3) consummation of the marital relationship
A common-law marriage may be established by proving cohabitation and a reputation of being married
Recognized only if performed by January 1, 1997
Recognized only if performed by January 1, 1996
The requirements for a common-law marriage are: (1) intent and agreement to be married; (2) continuous cohabitation; and (3) public declarations that the parties are husband and wife.
For a man and woman to form a common-law marriage, they must: (1) have the mental capacity to marry; (2) agree to be married at the present time; and (3) represent to the public that they are married.
The requirements for a common-law marriage are: (1) capacity to consent to the marriage; (2) an agreement to be married; (3) cohabitation; and (4) a reputation of being married.
Common law marriages are recognized only at death and only for probate purposes. (N.H. RSA. 457:39)
Recognized only if performed by October 10, 1991
To establish a common-law marriage, a man and woman must (1) be competent; (2) agree to enter into a marriage relationship; and (3) cohabit
A common-law marriage may be established if a man and woman exchange words that indicate that they intend to be married at the present time
The requirements for a common-law marriage are: (1) serious intent to be married and (2) conduct that leads to a reasonable belief in the community that the man and woman are married
A common-law marriage is established if a man and woman intend for others to believe they are married
A man and woman who want to establish a common-law marriage must sign a form provided by the county clerk. In addition, they must (1) agree to be married, (2) cohabit, and (3) represent to others that they are married
For a common-law marriage, a man and woman must (1) be capable of giving consent and getting married; (2) cohabit; and (3) have a reputation of being husband and wife
The requirements for a common-law marriage are: (1) an express, present intent to be married and (2) cohabitation.