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In most states, no. In times past, particularly the frontier days, it was common for states to
consider a woman and man to be married if they lived together for a certain length of time, had
sexual intercourse, and held themselves out as husband and wife, even though they never went
through a marriage ceremony. Today, only about one-fourth of the states recognize commonlaw
marriages. In order for there to be a legal common-law marriage, the couple must clearly
represent themselves to others as being husband and wife; merely living together is not enough
to create a marriage.
In states that recognize a common-law marriage, the partners have the same rights and
duties as if there had been a ceremonial marriage. Most other states will accept as valid a
common-law marriage that began in a state that recognizes common-law marriage.
A legal common-law marriage may end only with a formal divorce.