Many couples live together for years, share money, buy homes, and raise children—without ever having a formal wedding. That often leads to an important question:
Does Missouri recognize common law marriage?
If you live in Missouri, moved there from another state, or are dealing with property, inheritance, or family issues, this guide explains how common law marriage works in Missouri, what rights unmarried couples do and don’t have, and how to protect yourself—without legal jargon.
What Is Common Law Marriage?
A common law marriage is a legal marriage created without a marriage license or wedding ceremony. In states that allow it, a couple may be considered married if they:
- Live together
- Intend to be married
- Present themselves publicly as husband and wife
However, not every state allows this—and Missouri is one of them.
Is Common Law Marriage Legal in Missouri?
No.
Missouri does not allow couples to create a common law marriage within the state.
That means:
- Living together for many years does not make you married
- Sharing finances does not make you married
- Calling each other “husband” or “wife” does not make you married
Without a valid marriage license and ceremony, Missouri law treats the couple as legally unmarried.
Important Exception: Out-of-State Common Law Marriages
Although Missouri does not allow common law marriage to be formed inside the state, it does recognize valid common law marriages from other states.
If:
- A couple formed a legal common law marriage in a state that allows it (such as Texas, Colorado, or Iowa), and
- That marriage met the legal requirements of that state
👉 Missouri will generally recognize the marriage as valid.
This follows a long-standing legal rule:
If a marriage is valid where it was created, Missouri will usually recognize it.
States That Allow Common Law Marriage
Some states that recognize common law marriage (with conditions) include:
- Texas
- Colorado
- Iowa
- Kansas
- Montana
- South Carolina (for older relationships)
If your relationship began in one of these states, Missouri courts may recognize it—but proof is critical.
How Missouri Courts Determine Validity of an Out-of-State Common Law Marriage
Missouri courts typically look for evidence showing:
- Mutual intent to be married
- Cohabitation in a state that allows common law marriage
- Public representation as a married couple
Examples of helpful proof include:
- Joint tax returns
- Shared bank accounts or property
- Insurance or employment records listing a spouse
- Witness statements
- Use of the same last name
Without strong evidence, a court may decide no legal marriage existed.
Living Together in Missouri: What the Law Says
If you live together in Missouri without formal marriage:
You ARE:
- Allowed to live together
- Allowed to share finances and property
- Allowed to raise children together
You are NOT:
- Legally married
- Entitled to spousal support
- Protected by divorce laws
- Automatically entitled to inherit
Many people only discover this after a breakup or death.
What Happens When an Unmarried Relationship Ends?
Since there is no marriage, there is:
- No divorce process
- No automatic property division
- No spousal maintenance
Instead, disputes are handled under:
- Property law
- Contract law
Ownership usually depends on whose name is on the title or account, not how long the couple lived together or who paid more.
Property and Inheritance Concerns
Property Rights
If a home, vehicle, or account is in one person’s name, that person generally owns it—regardless of contributions by the other partner.
Inheritance Rights
Without a valid marriage:
- A partner does not inherit automatically
- Missouri’s spousal inheritance laws do not apply
A will or trust is essential to protect an unmarried partner.
What About Children?
Children are fully protected under Missouri law, regardless of whether parents are married.
The law provides:
- Child support
- Custody and visitation rights
- Paternity establishment
Marriage status does not affect a child’s legal rights.
How Unmarried Couples Can Protect Themselves in Missouri
If you live together but are not married, consider these steps:
- Cohabitation Agreement
A written agreement outlining:
- Property ownership
- Financial responsibilities
- What happens if the relationship ends
- Estate Planning
Wills, trusts, and beneficiary designations ensure your partner is protected.
- Medical and Financial Powers of Attorney
Allows your partner to make decisions in emergencies.
- Legal Marriage
The only way to receive full marital rights in Missouri.
Common Myths About Common Law Marriage in Missouri
Myth: Living together for 7 years creates a marriage
❌ False
Myth: Having children makes a couple married
❌ False
Myth: Calling each other husband and wife is enough
❌ False
Myth: Missouri recognizes all common law marriages
❌ False (only valid out-of-state ones)
Why This Topic Matters for Law Practices
Common law marriage questions frequently arise in:
- Estate and probate disputes
- Family law consultations
- Property disagreements
- Inheritance and support claims
Clear explanations help prevent misunderstandings and legal conflicts.
Frequently Asked Questions (FAQ)
Is common law marriage legal in Missouri?
No. Missouri does not allow common law marriages to be formed within the state.
Will Missouri recognize a Texas common law marriage?
Yes, if it was legally formed under Texas law.
Can unmarried partners get spousal support in Missouri?
No, unless there was a valid marriage.
Do unmarried partners have inheritance rights?
No, not without a will or estate plan.
Should unmarried couples sign agreements?
Yes. It provides clarity and legal protection.
Final Thoughts
Missouri law is clear:
No license and no ceremony means no marriage—unless the marriage was legally created in another state.
For couples, understanding this can prevent financial and emotional hardship. For legal professionals, clear guidance builds trust and avoids confusion.
If you are uncertain about your relationship status or legal rights, speaking with a Missouri family law attorney can help clarify your options.