Questions:

• What is a common law marriage?
• Which states allow common law marriage?
• Can I change my name if my marriage is common law?

Answer:

What is a common law marriage?

In a handful of states (listed in the next question), heterosexual couples can become legally married without a license or ceremony. This type of marriage is called a common law marriage. Contrary to popular belief, a common law marriage is not created when two people simply live together for a certain number of years. In order to have a valid common law marriage, the couple must do all of the following:

• live together for a significant period of time (not defined in any state)
• hold themselves out as a married couple -- typically this means using the same last name, referring to the other as "my husband" or "my wife," and filing a joint tax return, and
• intend to be married.

When a common law marriage exists, the spouses receive the same legal treatment given to formally married couples, including the requirement that they go through a legal divorce to end the marriage. (Learn more in Nolo's Q&A How do we end a common law marriage?)