What is a “common law marriage”?

A common law marriage is one that can be entered into without a license or ceremony. It refers to the reality that many people live together as if they are married, but never take steps to file official paperwork to make it legal.

This arrangement has its advantages and disadvantages, and it's important to understand the extent of your rights and responsibilities as a partner in this type of relationship.

Family Law In Utah

Essentially, a common law marriage is one that has been established without the legal formalities of a ceremony or license. The problem for many unmarried couples is that it's not always clear if their relationship will be considered a common law marriage.

The general rule is that there must be an agreement between two people and an understanding of opening themselves up to the responsibilities of marriage (such as support, fidelity, and shared property). In addition, there must also be some sort of cohabitation (living together) for the relationship to count as a common law marriage.

Every state is different when it comes to common law marriage. Utah, for example, does not recognize them.

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