Singles Marry: If we move in together, will we have a common law marriage and have to get divorced if we split up? This is a common singles' question. 

Moving-In: Will We Have a Common-Law Marriage?

By DH Owens

Singles and marriage: Will it be a common-law marriage if we live together?

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Generally speaking, you probably won't if you do not present yourself as married. 

There is a common misconception that if you live together for a certain length of time you are considered married by common law. Texas, for example, is considered to be 6 months and you are married by common-law. This is not true in most places. 

First, common law marriages are only recognized in certain states and the District of Columbia. 

At this writing, those states are: Alabama, Colorado, Idaho, Iowa, Kansas, Montana, New Hampshire, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas, Utah.  But laws change so be certain to check for your state.

If you live in one of these states and you present yourself as a married couple or "hold yourself out to be married" (by telling the community you are married, calling each other husband and wife, using the same last name, filing joint income tax returns, even in some instances referring to your partner as your "old man" or "old woman"), you can have a common law marriage.

If you decide to end your relationship in one of the above states or DC, you must get a divorce, even though you never had a wedding or even bought a marriage license. 

If you live in these states and don't want your relationship to become a common law marriage, you must be clear that it is your intention not to marry and take the time and trouble to correct people who assume you are married and/or address you as a married couple.

If you live in a state without common law marriage, it is not an issue for you. 

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Laws are changing. A recent Texas change in law has redefined marriage in Texas. So , again, research the laws of your state regarding common-law marriage and divorce.

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