Do all states recognize common law marriages?
Yes and no. Although eleven states (Alabama, Colorado, District of Columbia, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas, and Utah) still recognize common law marriage, other states do not. However, if a couple meet the requirements for a common law marriage in a state that does practice common law marriage, then move to a state that does not practice common law marriage, the new state by law will still recognize the common law marriage. Yet, legal rights and protections a common law spouse was entitled to in their observing state such as claim to joint assets, alimony, power of attorney in the event of disability, inheritance executor (if not expressly stated in will), etc., will not necessarily be honored. What are the advantages associated with a common law marriage? Common law marriage can serve as an outlet for couples who cannot be legally bound by conventional marriage but desire to exercise their rights as a married partnership, such as homosexuals, big
