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United States

Only a few states recognize common law marriages:

Alabama

Colorado

Georgia (if created before 1/1/97)

Idaho (if created before 1/1/96)

Iowa

Kansas

Montana

New Hampshire (for inheritance purposes only)

Ohio (if created before 10/10/91)

Oklahoma (possibly only if created before 11/1/98. Oklahoma's laws and court decisions may be in conflict about whether common law marriages formed in that state after 11/1/98 will be recognized.)

Pennsylvania (if created before 1/1/05)

Rhode Island

South Carolina

Texas

Utah (only if they have been validated by a court or administrative order)

Washington, D.C.

Caveat: You need to check your state law to determine your rights, if any, that apply to common law marriage. Common law marriage, even when recognized, doesn't necessarily confer all the legal rights that attach to a legal marriage. Certain states recognize common law marriage and the rights that attach to it vary. Some states recognize common law marriage for probate purposes only. States do not uniformly recognize a marriage that is recognized as valid in another state. Many states that offered common law marriage have abolished it and some states recognize only common law marriages that were created prior to a certain date (grandfathered) and not after.

The IRS and the Social Security Administration will recognize a common law marriage if the state where you reside recognizes it.

See the related link provided below for more information.

United Kingdom

In the UK there is no legal term common law marriages, you're either married or you're not under UK law

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Wiki User

6y ago
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Wiki User

13y ago

To the extent that the question is answerable... 49 (Louisiana being the holdout).

Common law is basically a set of precedents, or previous decisions by courts, as opposed to statutory law, that specifically established by legislature.

Most states decided it was easier to simply incorporate the British laws, which they'd been living under anyway, into their legal system wholesale and make changes as needed rather than start by trying to pass laws to cover every possible situation. They therefore incorporated British common law as well.

Louisiana, having been a French territory, had been using the Code Napoleon prior to its becoming a US state and opted to use that as the basis for its own laws instead, so it does not incorporate British common law.

Statutory law takes precedence over common law, so the fact that a state may have at one time followed a particular portion of common law does not necessarily mean that they do so now. For instance, most states no longer recognize common law marriages, having passed their own laws regarding marriage.

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10y ago
Common Law Marriage States

"Currently, only nine states (Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa, Montana, Oklahoma, and Texas) and the District of Columbia recognize common-law marriages contracted within their borders. In addition, five states have "grandfathered" common law marriage (Georgia, Idaho, Ohio, Oklahoma and Pennsylvania) allowing those established before a certain date to be recognized. New Hampshire recognizes common law marriage only for purposes of probate, and Utah recognizes common law marriages only if they have been validated by a court or administrative order. In the UK there is no legal term common law marriages, you're either married or you're not under UK law

Caveat:

You need to check your state law to determine your rights, if any, that apply to common law marriage. Common law marriage, even when recognized, doesn't necessarily confer all the legal rights that attach to a legal marriage. Certain states recognize common law marriage and the rights that attach to it vary. Some states recognize common law marriage for probate purposes only. States do not uniformly recognize a marriage that is recognized as valid in another state.

Many, many states do not recognize same sex marriages that were performed legally in one of the states that allow same sex marriage. The federal government doesn't recognize all marriages recognized at the state level. The Social Security Administration will only recognize a common law marriage if the state where you reside recognizes it. Many states that offered common law marriage have abolished it and some states recognize only common law marriages that were created prior to a certain date (grandfathered) and not after.

You must consult with an attorney to determine your legal rights in the state where you reside. Only some laws apply in some states.

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12y ago

STATES THAT RECOGNIZE COMMON LAW MARRIAGE:

Only a few states recognize common law marriages:

Alabama

Colorado

Georgia (if created before 1/1/97)

Idaho (if created before 1/1/96)

Iowa

Kansas

Montana

New Hampshire (for inheritance purposes only)

Ohio (if created before 10/10/91)

Oklahoma (possibly only if created before 11/1/98. Oklahoma's laws and court decisions may be in conflict about whether common law marriages formed in that state after 11/1/98 will be recognized.)

Pennsylvania (if created before 1/1/05)

Rhode Island

South Carolina

Texas

Utah

Washington, D.C.

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13y ago

Common-law marriage can still be contracted in eleven states (Alabama, Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, and Utah) and in the District of Columbia

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Anonymous

Lvl 1
3y ago

Ohio

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Q: What states recongize common law wife?
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Related questions

What do you need to do to become common law husband and wife when both are in prison?

Common law marriages are no longer recognized in most states. They also require co-habitation. In your situation this would be impossible.


Can you evict a common law wife?

no


Does your boyfriend become common law after a year?

No. In the US, only a few states continue to recognize common law marriage. In those states, the period of co-habitation is normally about 7 years. Additionally, common law marriage does not apply unless the parties hold themselves out as husband and wife. Continuing to refer to him as your boyfriend negates this element.


What impact did the English common law have on Unites States'.?

US common law formed from English common law.


What right does a common law wife has in Jamaica?

Most states do not recognize common law marriage. In the states that do the legal rights vary. You need to check the laws in your particular state.Common law marriage is recognized only in the following states:AlabamaColoradoDistrict of ColumbiaIowaKansasMontanaNew Hampshire (for inheritance purposes only)OklahomaPennsylvaniaRhode IslandSouth CarolinaTexasUtah


If your mother passed away leaving her brother and his common-law wife living in her house what legal rights does his common-law wife have after he too passes away?

Common-law marriage is a legal form of marriage, and so his wife would have the same rights and entitlements as a more conventional wife. There may be some issue proving that (in fact) she qualifies as a common law wife - usually some demonstration that the two were together for the requisite period of time - but in most common-law marriage cases that's not too difficult to do.


How many years to be a common law wife?

You need to check your particular jusrisdiction. Most do not recognize common law marriage and in the states and countries that do the laws vary.You need to check your particular jusrisdiction. Most do not recognize common law marriage and in the states and countries that do the laws vary.You need to check your particular jusrisdiction. Most do not recognize common law marriage and in the states and countries that do the laws vary.You need to check your particular jusrisdiction. Most do not recognize common law marriage and in the states and countries that do the laws vary.


What is a female cohabiter called?

Common Law Wife


Can a married man have a common law marriage with another person since he is separated from his wife?

Absolutely not. He must be legally divorced from his wife before he can create a legal relationship with anyone else. Very few states recognize common law marriage but if you are already married you cannot create a common law marriage with someone else..Absolutely not. He must be legally divorced from his wife before he can create a legal relationship with anyone else. Very few states recognize common law marriage but if you are already married you cannot create a common law marriage with someone else..Absolutely not. He must be legally divorced from his wife before he can create a legal relationship with anyone else. Very few states recognize common law marriage but if you are already married you cannot create a common law marriage with someone else..Absolutely not. He must be legally divorced from his wife before he can create a legal relationship with anyone else. Very few states recognize common law marriage but if you are already married you cannot create a common law marriage with someone else..


Should the bride invite her father's common law wife to the wedding?

The bride should discuss with her biological mother how she would feel if her ex husband's common law wife was invited to the wedding. If the biological mother is comfortable with this then there is no reason not to invite the common law wife. If the biological mother is dating someone special or is remarried and bringing her mate to the wedding then you should ask your father and his common law wife without discussing it with your mother.


How long do you have to live together to have common law marriage?

Common law marriage has been abolished in most states. In the states that still have it, there are certain requirements.


What is the relationship to you of your wife's brother's wife?

Your wife's brother is your brother-in-law, but in the English-speaking world the his wife is not related to you. It is common, however, for your children to consider her to be their aunt.