What states recognize common law marriage ?
What states currently as of 2011 recognize common law marriage ?
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M$3 Answers
Colorado
Georgia (if created before 1/1/97)
Idaho (if created before 1/1/96)
Iowa
Kansas
Montana
New Hampshire (for inheritance purposes only)
Ohio (if created before 10/10/91)
Oklahoma (possibly only if created before 11/1/98. Oklahoma's laws and court decisions may be in conflict about whether common law marriages formed in that state after 11/1/98 will be recognized.)
Pennsylvania (if created before 1/1/05)
Rhode Island
South Carolina
Texas
Utah
Washington, D.C.
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M$
The others have varying rules of how and when it is recognized.
- Alabama
- Colorado
District of Columbia
Georgia
Idaho
- Iowa (Iowa Code Ann. §. 595.11)
- Kansas
- Montana (Mont. Code Ann. § 26-1-602, 40-1-403)
New Hampshire
Ohio
- Oklahoma (Okla. Stat. Ann. tit. 43, § 1)
Pennsylvania (23 Penn. Cons. Stat. § 1103)
- Rhode Island
- South Carolina
- Texas (Tex. Fam. Code Ann. § 2.401)
Utah (Utah Code Ann.§ 30-1-4.5)
But all have varying degrees of how and when this type of marriage is recognized, for example here in New Hampshire a common law marriage is only recognized only after death for the sake of probate avoidance and estate distribution.
http://www.ncsl.org/default.aspx?tabid=4265
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M$
You can leave an optional "tip" with Mahalo's virtual currency, Mahalo Dollars. If you are asking a difficult question that might require some research, or if you'd like a wide variety of feedback, a higher tip often leads to more answers to your question.
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