Marriage laws in the United States can be confusing—especially when it comes to common law marriage. Many couples live together for years, share finances, raise children, and call each other husband or wife. But does that automatically make them legally married?
If you’re living in Maryland or dealing with a Maryland-related legal issue, this guide will explain exactly how common law marriage works in Maryland, what is recognized, what is not, and what it means for property, inheritance, divorce, and more—without heavy legal jargon.
What Is a Common Law Marriage?
A common law marriage is a marriage that is created without a marriage license or wedding ceremony. In states that allow it, a couple may be considered legally married if they:
- Live together for a long time
- Intend to be married
- Present themselves publicly as husband and wife
Not all states recognize this type of marriage—and Maryland is one of them.
Does Maryland Recognize Common Law Marriage?
Short answer: No.
Maryland does not allow couples to form a common law marriage within the state, no matter how long they live together or how committed they are.
So even if you:
- Live together for 10, 20, or 30 years
- Share bank accounts and property
- Call each other “spouse”
- Have children together
👉 You are NOT legally married under Maryland law unless you obtained a valid marriage license and had a formal marriage.
Important Exception: Out-of-State Common Law Marriages
Here’s where many people get confused.
Maryland does recognize common law marriages that were legally created in another state.
If:
- You formed a valid common law marriage in a state that allows it (like Texas, Colorado, or Iowa), and
- You later moved to Maryland
👉 Maryland will recognize your marriage as valid.
This is based on a long-standing legal rule:
If a marriage is valid where it was created, it is usually valid everywhere.
States That Allow Common Law Marriage (As of Today)
Some states that still recognize common law marriage include:
- Texas
- Colorado
- Iowa
- Kansas
- Montana
- South Carolina (for older relationships)
If your relationship started in one of these states and met their requirements, Maryland courts may treat you as legally married.
How Maryland Courts Decide If an Out-of-State Common Law Marriage Is Valid
Maryland courts will usually look at:
- Where the relationship began
- Whether that state legally allowed common law marriage at the time
- Proof that both partners intended to be married
- Evidence that the couple presented themselves as married
Common evidence includes:
- Joint tax returns
- Shared property or leases
- Insurance or employment records listing a spouse
- Witness testimony
- Last name usage
Living Together in Maryland: What You Are (and Aren’t)
If you live together in Maryland without a formal marriage:
You ARE:
- Legally single
- Allowed to cohabit
- Allowed to share property or finances
You are NOT:
- Automatically entitled to spousal support
- Automatically entitled to inheritance
- Automatically protected by divorce laws
This can come as a shock when a long-term relationship ends.
What Happens If a Long-Term Relationship Ends?
Because Maryland does not recognize common law marriage:
- There is no divorce
- No automatic division of property
- No spousal alimony
- No marital rights
Disputes are handled under contract law or property law, not family law.
This means:
- Who owns what depends on whose name is on it
- Verbal promises are hard to enforce
- One partner may be left with fewer protections
Property, Money, and Inheritance Issues
Property
Property belongs to the person whose name is on the title or deed—unless there is a written agreement.
Inheritance
Without a valid marriage:
- A partner does not automatically inherit
- No spousal share under Maryland inheritance laws
👉 A will or trust becomes extremely important.
What About Children?
Children are fully protected regardless of marital status.
Maryland law provides:
- Child support
- Custody and visitation rights
- Paternity establishment
Whether parents are married or not does not affect the child’s legal rights.
How Couples Can Protect Themselves in Maryland
If you live together but are not married, consider:
- Cohabitation Agreement
A written agreement explaining:
- Property ownership
- Financial responsibilities
- What happens if the relationship ends
- Wills and Estate Planning
To ensure your partner is protected if something happens to you.
- Power of Attorney & Healthcare Directives
Important for medical and financial decisions.
- Formal Marriage
The simplest way to get full legal protection under Maryland law.
Common Myths About Common Law Marriage in Maryland
Myth: Living together for 7 years makes you married
❌ False
Myth: Calling each other husband and wife is enough
❌ False
Myth: Having kids creates a common law marriage
❌ False
Myth: Maryland recognizes all common law marriages
❌ False (only valid out-of-state ones)
Why This Topic Matters for Law Practices
For attorneys, common law marriage issues often arise in:
- Estate disputes
- Divorce confusion
- Probate cases
- Family law consultations
- Property disputes
Clear client education can prevent costly misunderstandings and litigation.
Frequently Asked Questions (FAQ)
Is common law marriage legal in Maryland?
No. Maryland does not allow common law marriages to be created within the state.
Will Maryland recognize a Texas common law marriage?
Yes, if it was validly formed under Texas law.
Can I get alimony if we were never married?
Generally, no—unless a valid marriage existed.
Can we file taxes jointly in Maryland without marriage?
No. You must be legally married.
Should unmarried couples in Maryland sign agreements?
Yes. It can prevent serious legal problems later.
Final Thoughts
Maryland’s stance on common law marriage is strict but clear:
No marriage license = no marriage, unless the relationship was legally formed in another state.
For couples, understanding this can prevent financial loss and emotional stress. For legal professionals, it’s a key area where clear explanations make all the difference.
If you’re unsure about your status, consulting a Maryland family law attorney can help clarify your rights and options.