Check your state's common law marriage recognition, assess whether your relationship qualifies, and understand the property and support rights that apply to unmarried cohabitants.
All calculations are private — nothing leaves your browser
yrs
$
$
$
$
Common Law Marriage Recognition — Texas
Recognized
RequirementsAgreement + cohabitation + representation as married
Must register or file within 2 years of separation
Even in states that recognize common-law marriage, you must prove the relationship meets all requirements. A family law attorney can assess your specific situation.
Result copied to clipboard
Advanced Calculator
State recognition map with qualification details, side-by-side rights comparison chart, and cohabitation evidence scoring.
+
Open Advanced Calculator
Your Situation
yrs
Common-Law Marriage Status in Colorado
Fully Recognized
Recognized. Must show mutual agreement + public reputation + cohabitation.
Requirements to Establish in Colorado
1.Mutual agreement to be married
2.Cohabitation
3.Public reputation as married couple
Qualification Assessment
100% — Likely Qualifies
Based on your answers, you likely qualifies for common-law marriage in Colorado. Courts make the final determination based on all evidence. Consulting a family law attorney is strongly recommended.
States That Recognize Common-Law Marriage (11 total)
AlabamaColoradoGeorgiaIdahoIowaKansasMontanaNew HampshireOhioOklahomaPennsylvaniaRhode IslandSouth CarolinaTexasUtahWashington DC
Professional Simulator
Full legal rights analysis across 6 domains, property division rules by state, palimony doctrine analysis, and formal dissolution requirements.
+
Open Professional Simulator
Your Cohabitation Details
yrs
$
$
Full Legal Rights Analysis — Colorado
Property DivisionFULL RIGHTS
If common-law marriage is established, courts apply equitable distribution to all marital property acquired during the relationship.
Spousal SupportFULL RIGHTS
Full alimony rights apply, same as formal marriage. Duration and amount depend on income gap and relationship length.
Federal Benefits (SS, IRS)FULL RIGHTS
The IRS and Social Security Administration recognize state common-law marriages. Married filing jointly and survivor benefits are available.
Estate Rights (no will)FULL RIGHTS
Surviving partner inherits spousal share under intestacy laws, same as formal marriage.
Healthcare DecisionsFULL RIGHTS
Recognized as next of kin for healthcare decisions. Can make medical decisions without a separate healthcare proxy.
Employer Benefits (insurance)LIMITED
May qualify for spousal health insurance coverage with documentation of common-law marriage. ERISA governs employer plans.
How the Common Law Marriage Calculator Works
Common law marriage is a legal framework that recognizes a couple as married without a formal ceremony or marriage license — based on how they live and present themselves to the world. Only a minority of US states fully recognize common-law marriage, and requirements vary significantly between them. This has major implications for property division, spousal support, inheritance, and healthcare rights if the relationship ends.
This calculator checks your state's recognition status, scores your likelihood of meeting the legal requirements, and estimates property division outcomes if the relationship is recognized as a marriage. Always consult a family law attorney for definitive guidance on your specific situation.
States That Recognize Common Law Marriage (2025)
FULL RECOGNITION (active):
Colorado, District of Columbia, Iowa, Kansas, Montana,
New Hampshire (inheritance only), Oklahoma, Rhode Island,
South Carolina, Texas, Utah
GRANDFATHER CLAUSES ONLY (pre-existing relationships):
Alabama (pre-2017), Georgia (pre-1997), Idaho (pre-1996),
Ohio (pre-1991), Pennsylvania (pre-2005)
NOT RECOGNIZED (but have alternative doctrines):
Washington ("committed intimate relationships")
Oregon ("meretricious relationships")
California, New York (contract/palimony claims possible)
All other states: No common law marriage recognition
IMPORTANT: If you established a valid common-law marriage in a
recognition state, ALL states must honor it (Full Faith & Credit clause)
Example Scenario
Example: 5-Year Relationship in Texas
StateTexas (recognized)
Years cohabitating5 years
Introduced each other as spousesYes
Joint bank accountYes
Texas requirement met?Likely yes
Home value$320,000
Each if recognized as married$160,000
Each without recognitionWhatever's in your name
In Texas, this couple almost certainly has a valid common-law marriage. If they separate, Texas treats it exactly like divorce — community property division, potential spousal support, and custody orders if they have children. The practical difference from a formal marriage is minimal.
Frequently Asked Questions
No. The popular belief that "living together for 7 years creates a common-law marriage" is a myth. No US state has a minimum time requirement. What matters is meeting the state's specific requirements — typically: legal capacity to marry, a present agreement or intent to be married, cohabitation, and public representation as married (holding out). You could theoretically form a common-law marriage in a matter of days in states that recognize it, though courts look at the totality of circumstances.
Yes. Under the Full Faith and Credit Clause of the US Constitution, all states must recognize valid marriages from other states — including common-law marriages validly established in recognition states. If you formed a common-law marriage in Colorado, Iowa, or another recognition state, moving to California or New York does not dissolve that marriage. You would still need to formally divorce to end the legal relationship. This is why it is critical to understand your status before moving.
In recognition states, a valid common-law marriage gives essentially identical rights to formal marriage: marital property rights and equitable division on divorce, spousal support eligibility, inheritance rights (intestate succession), healthcare decision-making rights, hospital visitation rights, Social Security survivor benefits, veterans benefits eligibility, and the right to sue for wrongful death. The key difference is evidentiary — you must prove the marriage existed, whereas formal marriage is documented.
Evidence supporting common-law marriage includes: joint tax returns filed as "married," joint bank or investment accounts, joint property ownership, referring to each other as "husband" and "wife" on legal documents, insurance beneficiary designations, shared health insurance, testimony from family and friends that you presented as married, social media, emails or texts referring to your partner as your spouse, and any written agreements about the relationship. Texas specifically allows couples to register their common-law marriage with the county clerk for simplified proof.
Yes. A valid common-law marriage can only be ended the same way a formal marriage ends — through divorce, annulment, or death of a spouse. Simply moving out or "breaking up" does not legally end the marriage. Without a formal divorce, you would be legally married when entering any future relationship, potentially creating bigamy issues. Note: In Texas, if neither party files for divorce or asserts the marriage within 2 years of separation, there is a legal presumption that no valid marriage existed.