Many couples in Arizona live together for years, share finances, raise children, and call each other husband and wife—without ever having a formal wedding. This naturally raises an important question:
Does Arizona recognize common law marriage?
The short answer is no—but there are important exceptions that can still create legal marriage rights. This article explains everything you need to know in simple terms.
What Is a Common Law Marriage?
A common law marriage is a legal marriage formed without a marriage license or ceremony. In states that allow it, a couple may be considered legally married if they:
- Live together for a certain period
- Present themselves as married
- Intend to be married
Not all states allow this type of marriage—and Arizona is one of them.
Does Arizona Recognize Common Law Marriage?
No. Arizona does NOT allow couples to create a common law marriage within the state.
This means:
- Living together for 10, 20, or even 30 years does not make you legally married
- Calling each other husband or wife does not create a marriage
- Sharing property, bills, or children does not automatically give marital rights
Arizona law requires:
- A valid marriage license
- A legal ceremony
- Proper recording of the marriage
Without these, the relationship is not a legal marriage under Arizona law.
The Big Exception: Out-of-State Common Law Marriages
Here’s where many people get confused—and where legal rights can exist.
Arizona DOES recognize common law marriages that were validly created in another state.
If:
- You formed a common law marriage in a state that allows it
- You met that state’s legal requirements
- You later moved to Arizona
👉 Arizona will recognize your marriage as valid.
This is based on the legal principle that marriages valid where formed are generally valid everywhere.
States That Allow Common Law Marriage (As of Today)
Some states still recognize common law marriage, including:
- Colorado
- Iowa
- Kansas
- Montana
- South Carolina
- Texas
- Utah (with court validation)
- Washington, D.C.
If a couple formed a valid common law marriage in one of these states and then moved to Arizona, Arizona courts will honor it.
How Arizona Courts Determine Validity
If a dispute arises—such as divorce, inheritance, or benefits—the court will examine whether the common law marriage was valid under the other state’s laws.
Courts often look at:
- Length of cohabitation
- Shared finances or joint accounts
- Tax returns filed as married
- Statements made to employers or government agencies
- Use of the same last name
- Witness testimony
This often requires strong evidence, especially when money or property is involved.
Living Together in Arizona: What Rights Do Couples Have?
Many couples mistakenly believe living together creates marriage-like rights. In Arizona, that’s not true.
If You Are Not Legally Married:
- There is no automatic right to property division
- No spousal support (alimony)
- No inheritance rights without a will
- No spousal benefits (Social Security, insurance, etc.)
However, couples may still have contractual or equitable claims, such as:
- Ownership interests in jointly purchased property
- Claims based on written or implied agreements
- Child-related rights (custody and support apply regardless of marriage)
“Common Law Divorce” in Arizona: Is It Real?
No.
Because Arizona does not allow common law marriage:
- There is no common law divorce in Arizona
- If there was no legal marriage, there is nothing to divorce
However, disputes may still arise over:
- Property ownership
- Debt responsibility
- Child custody and support
These cases are handled under contract law or family law, not divorce law.
How to Protect Yourself If You’re Not Married
If you live with a partner in Arizona and are not legally married, consider these steps:
- Get Legally Married
This is the simplest way to ensure full legal protection.
- Create a Cohabitation Agreement
This outlines:
- Property ownership
- Financial responsibilities
- What happens if the relationship ends
- Update Estate Planning Documents
- Wills
- Powers of attorney
- Beneficiary designations
Without these, your partner may have no legal rights if something happens to you.
Why This Matters for Law Firms
For legal practices, common law marriage issues often arise in:
- Family law disputes
- Probate and inheritance cases
- Benefits and insurance claims
- Immigration matters
- Property litigation
Clients frequently assume they are married when legally they are not. Clear education and early legal guidance can prevent costly disputes later.
Common Myths About Common Law Marriage in Arizona
Myth: Living together for 7 years makes you married
Truth: Arizona has no time requirement—because it doesn’t allow common law marriage
Myth: Having children makes you legally married
Truth: Children do not create marriage rights
Myth: Calling each other husband and wife is enough
Truth: Titles alone have no legal effect in Arizona
Frequently Asked Questions (FAQ)
Is common law marriage legal in Arizona?
No. Arizona does not allow common law marriages to be created within the state.
Will Arizona recognize my Texas common law marriage?
Yes, if it was validly formed under Texas law.
Can I get alimony if we lived together for years?
No, unless you were legally married or have a valid contract.
Do unmarried couples have inheritance rights?
Not automatically. A will or trust is required.
Can unmarried couples jointly own property?
Yes, but ownership depends on title and agreements—not marital law.
Final Thoughts
Arizona’s stance on common law marriage is clear—but the exceptions are just as important as the rule.
If you:
- Lived together in another state
- Are unsure of your marital status
- Face a property or inheritance dispute
Getting proper legal guidance early can save time, money, and emotional stress.
Whether you’re a couple seeking clarity or a law practice advising clients, understanding Common Law Marriage in Arizona is essential in today’s changing family structures.