The legal framework
There is no federal law of cohabitation. A small number of states still recognise common-law marriage — Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas, Utah and the District of Columbia — with strict requirements. Several others recognise such marriages if validly created before abolition. Domestic partnerships persist in some states and cities, mainly for benefits.
Key points
| Common-law marriage | Recognised in a small number of states; requires agreement to be married, cohabitation and holding out as married |
|---|---|
| Effect | Where valid, it is a full marriage: only divorce can end it |
| Domestic partnership | Available in some states and municipalities, mainly for health benefits |
| Cohabitation generally | No property sharing or support rights in most states |
| Palimony | Contract-based claims recognised in some states following Marvin v. Marvin |
| Same-sex couples | Marriage available nationwide; some registered partnerships were converted automatically |
| Once valid, valid everywhere | A common-law marriage validly formed is recognised in other states |
| Cohabitation agreements | Generally enforceable as contracts |
In practice
- Sign a written cohabitation agreement — in most states it is enforceable as a contract.
- Title property deliberately: joint tenancy, tenancy in common, or sole ownership each has different consequences.
- Execute wills, powers of attorney and health care directives: an unmarried partner has no default authority.
- Update beneficiary designations on retirement accounts and life insurance.
- Put a cohabitation agreement in writing; oral promises are hard to enforce in most states.
- Name your partner explicitly on retirement accounts and insurance: default beneficiaries are relatives.
Cost and coverage
Agreements and estate documents cost a few hundred to a few thousand dollars depending on the state and complexity.
Recent changes
Several states have abolished prospective common-law marriage in recent decades, so the map is narrower than it once was — but existing common-law marriages remain valid.
Where to go
- State bar lawyer referral services.
- Court self-help centres for estate documents.
- Legal aid organisations for low-income households.
Worth knowing
If you live in a common-law marriage state and hold yourselves out as married, you may already be married — with all the consequences, including the need for a divorce to separate. Beneficiary designations override wills. For unmarried couples, updating them is more important than the will itself.
Official sources and links
- USA.gov — official guide to government services
- Congress.gov — federal legislation