common law marriage

A marriage that takes legal effect, without license or ceremony, when two people capable of marrying live together as husband and wife, intend to be married, and hold themselves out to others as a married couple.

• The common-law marriage traces its roots to the English ecclesiastical courts, which until 1753 recognized a kind of informal marriage known as sponsalia per verba de praesenti, which was entered into without ceremony. Today a common-law marriage, which is the full equivalent of a ceremonial marriage, is authorized in 11 states and in the District of Columbia. If a common-law marriage is established in a state that recognizes such marriages, other states, even those that do not authorize common-law marriage, must give full faith and credit to the marriage. A common-law marriage can be dissolved only by annulment, divorce, or death.

— Also termed consensual marriage; informal marriage. See common-law husband under HUSBAND; common-law wife under WIFE. See SPONSALIA PER VERBA DE PRAESENTI. [Cases: Marriage 13, 22. C.J.S. Marriage §§ 10, 19–20, 24–25.]


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