On the other marriage thread, and other times here on TRP, I see a lot of incorrect information about Common-Law Marriage. There's a lot of handwringing that, just by cohabiting with your GF for a number of years, you are now on the line as a married couple.

(Edit: some users pointed out that, in places like Canada, it is actually that bad. YMMV.)

The quick and dirty is that:

  • CLM is not recognized in the majority of US states today, and
  • Where it is recognized, it is rare and more difficult to enter into than you think

According to Wikipedia, the vast majority of US states have never allowed CLM, or have ceased to recognize new CLMs at some point over the last century or so. Only CO, IO, KA, NH, SC, TX, and UT allow common law marriage. Delaware and Montana are maybes.

Secondly, establishing a CLM takes more than merely cohabiting. Texas has a pretty typical setup:

  • first, an agreement to be married;
  • after such agreement, cohabitation within the State of Texas; and
  • after such agreement, representation to others (within the State of Texas) that the parties are married.

All of these elements must be present. The "representing to others that you are married" element is standard across the board in all CLM states, AFAIK.

Here's what it means in practice: Never stated that you'd like to marry your girlfriend? Never referred to her as "your wife" to friends, family, and Facebook? She never took your last name? Congratulations, you are not common law married. The specific details of what constitutes "representation that you are married" will vary state to state, but essentially, you have to be a typical married couple (just minus the official, legal formality of signing a marriage contract). As always, check your individual state's laws to be certain.