📅 2026 Update: Changes in Common Law Marriage Recognition

Since the original article was published, key updates have emerged regarding common law marriage in the U.S. Notably, Wisconsin has made changes that affect how common law marriages are recognized for certain state programs. The article below continues to provide valuable insights into the core principles of common law marriage, including which states recognize it and the rights of partners.

📝 Wisconsin's Clarification on Common Law Marriages

As of May 22, 2026, Wisconsin's Department of Health Services clarified that for Medicaid, BadgerCare Plus, and FoodShare programs, a spouse includes someone recognized under federal law as a legal partner through marriage. This includes common law marriages valid in the state where they were formed. This change impacts how residents access benefits and illustrates a broader acceptance of common law marriages from other states.

📜 Texas Declaration of Informal Marriage

In Texas, couples can file a Declaration of Informal Marriage with the county clerk to create a formal record of their common law marriage. The fees for filing this declaration can vary by county. This formal process helps couples establish their legal status and facilitate any rights or benefits associated with marriage.

🔍 Common Law Marriage Requirements

For common law marriage to be recognized, certain requirements must be met. In states like Colorado, Kansas, and Texas, couples must be at least 18 years old and not already married to anyone else. Each jurisdiction has specific criteria, but mutual agreement, cohabitation, and public reputation as a married couple are common elements across states.

🏠 States Recognizing Common Law Marriage

As of 2026, only seven states and the District of Columbia allow for new common law marriages. These states are Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, and Texas. Additionally, no state in the U.S. automatically recognizes a common law marriage based solely on living together for a certain number of years.

📌 Key Points Summary

  • ✅ Wisconsin now recognizes out-of-state common law marriages for specific programs.
  • ✅ Texas allows couples to file a Declaration of Informal Marriage with variable fees.
  • ✅ Common law marriage requirements include mutual agreement and cohabitation.
  • ✅ Only seven states recognize new common law marriages as of 2026.
  • ✅ No state automatically grants common law marriage after a set number of years living together.

💡 Tips for Understanding Common Law Marriage

Review the details of your individual situation with your attorney to ensure you understand your rights and obligations.

🏅 Understand Your State's Laws

Each state has different laws regarding common law marriage. It's essential to know if your state recognizes common law marriage and what the specific requirements are to establish one.

📝 Keep Records

If you believe you are in a common law marriage, keep records of joint financial accounts, shared lease agreements, and any documentation proving your relationship. These documents may help establish your marriage if needed.

💬 Communicate Clearly

Discuss your intentions with your partner. Clear communication about your desire to be recognized as a married couple can help clarify your mutual agreement, which is a key component of common law marriage.

📅 Know the Requirements

Be aware of the minimum age and other eligibility rules in your state for common law marriage. For instance, both parties must be at least 18 years old in states like Texas and Kansas.

⚖️ Understand Your Rights

Common law marriage carries the same legal rights as a traditional marriage, including property division and spousal benefits. Knowing these rights can help you navigate legal matters if your relationship changes.

❓ Frequently Asked Questions

❓ What states currently recognize common law marriage?

As of 2026, only seven states and the District of Columbia recognize new common law marriages: Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, and Texas.

🔍 Does Wisconsin recognize common law marriage?

Wisconsin does not allow the establishment of common law marriages. However, it recognizes valid marriages performed in other states.

📅 How can I verify my common law marriage status?

To verify your status, you may need to show documentation such as joint accounts or leases, as well as evidence of a mutual agreement and public representation as a married couple.

🔑 Are there any age restrictions for common law marriage?

Yes, most states require both parties to be at least 18 years old to enter into a common law marriage, including Texas and Kansas.

💔 How do I end a common law marriage?

Ending a common law marriage typically requires following the same legal procedures as a traditional marriage, including divorce proceedings.

🔍 What happens to property in a common law marriage?

In states that recognize common law marriage, property division rights are similar to those in a traditional marriage, subject to state laws regarding marital property.

⚖️ Recent Court Cases Related to Common Law Marriage

Recent court rulings have addressed various aspects of common law marriage, including recognition and rights of partners in states where it is allowed. These cases often clarify the legal standing of common law marriages and can impact how couples navigate their rights and obligations.

For more information about recent rulings, check out more rulings on the news page.

End of October 2026 Update





The common
law differs from statutory law because it is mainly based on precedent.
Statutory law is a more formal body of the legal system that consists of
written legislation. This legislation will mainly be based on rules and
regulations either mandating or prohibiting certain behaviors of the general
public. Common law, on the other hand, will allow judges to decide cases based
on the rulings of prior cases with similar circumstances.



Many times
statutory law can be interpreted differently by different people. This is why
making rulings based on precedent in common law systems can be beneficial when
the meaning of a law is disputed. When the facts of a case are unique and there
is no binding precedent, these are called cases of first impression. In this
case, a judge’s decision will essentially form law and subsequent cases will be
ruled in a similar way.



The main differentiation between common law and
statutory law is the way in which the laws are created. As stated above, common
law comes from precedent. Statutory law is made by the Government. It is
designed to keep citizens safe as well as ensure that citizens are able to
function in everyday life. If there is an issue before the court that
absolutely cannot be decided by precedent or a judge's decision, the court may
turn to statutory law to decide the case. When a statutory law is broken by a
citizen, the Government will have a predetermined punishment that is in
proportion to the nature of the crime.

Common law v. Statutory Law


There are
many different types of Government agencies that are able to issue statutory
law. Many times, a judge's decision will be based on a combination of statutory
law and common law. This means judges will incorporate both written statutes
and case precedent when issuing a ruling. It is important for both judges and
attorneys to be aware of recent changes in statutory law and relevant court
decisions that will affect common law.



Most of the time, the areas of contract law, tort
law, and property law exist within common law, not statutory law. Although
there may be some written statutes in these areas, most of the time a judge's
decision will be based on precedent. Statutory law will give only a rigid,
formal interpretation of the law. It does not always apply easily to all
situations. This is why it is beneficial for judges to refer to prior cases,
rather than legislation. Many times, a precedent will be identified and then
applied to the case at hand through analogy.