Common law marriage is one of the most misunderstood areas of family law—especially in Pennsylvania, where the rules changed over time.
Many couples in PA have lived together for years, shared finances, bought homes, and raised children without a wedding. Some believe they’re legally married. Others are unsure—until a breakup, death, or legal dispute forces the question.
This guide explains how common law marriage works in Pennsylvania, what the law recognizes today, what it no longer allows, and how couples can protect themselves—all in clear, everyday language.
What Is Common Law Marriage?
A common law marriage is a legal marriage formed without a marriage license or formal ceremony. In states that recognize it, a couple may become married if they:
- Live together
- Intend to be married
- Hold themselves out publicly as husband and wife
Pennsylvania used to recognize common law marriage—but not anymore for new relationships.
Is Common Law Marriage Legal in Pennsylvania?
It depends on when the relationship began.
🔹 No New Common Law Marriages After January 1, 2005
Pennsylvania abolished common law marriage effective January 1, 2005.
This means:
- Couples cannot form a new common law marriage in PA today
- Living together after 2005 does not create a marriage
🔹 Old Common Law Marriages Are Still Valid
Pennsylvania still recognizes common law marriages formed before January 1, 2005, if they met the legal requirements at the time.
Requirements for a Valid Pre-2005 Common Law Marriage
To prove a common law marriage formed before 2005, the couple must show:
- Clear Intent to Be Married
Both partners must have intended to be married—not just committed or planning marriage someday.
- Exchange of Present-Tense Words
Courts looked for a present agreement like:
“We are husband and wife,”
not
“We will get married later.”
- Public Representation
The couple held themselves out to the community as married.
Pennsylvania courts apply a high standard of proof, especially when one partner denies the marriage existed.
What Evidence Do Pennsylvania Courts Look For?
Courts may consider:
- Statements calling each other husband and wife
- Joint tax returns
- Shared bank accounts or property
- Insurance or employment records listing a spouse
- Testimony from friends, family, or neighbors
If direct proof is missing, courts may look at long-term cohabitation and reputation—but this alone may not be enough.
Living Together in Pennsylvania Today
If you live together in Pennsylvania after 2005 without a marriage license:
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
This applies no matter how long the relationship lasts.
What Happens When an Unmarried Relationship Ends?
Since there is no marriage, there is:
- No divorce process
- No automatic property division
- No alimony
Disputes are handled under:
- Property law
- Contract law
Ownership usually depends on whose name is on the title or account.
Property and Inheritance Issues
Property
If your name is not on the deed or title, you may have no automatic claim, even if you contributed financially.
Inheritance
Unmarried partners do not inherit under Pennsylvania law unless:
- Named in a will, or
- Listed as a beneficiary
Estate planning is critical.
What About Children?
Children are fully protected under Pennsylvania law regardless of marital status.
The law provides:
- Child support
- Custody and visitation rights
- Legal recognition of parental relationships
Marriage status does not affect a child’s rights.
How Couples Can Protect Themselves in Pennsylvania
If You Believe a Pre-2005 Common Law Marriage Exists
- Gather documents and witness statements
- Speak with a family law attorney
If You Are Unmarried Today
- Consider a cohabitation agreement
- Create a will and estate plan
- Use powers of attorney and beneficiary designations
- Get formally married if you want marital rights
Common Myths About Common Law Marriage in PA
Myth: Living together for 7 years makes you married
❌ False
Myth: Common law marriage still exists in PA
❌ False (for new relationships)
Myth: Having children creates marriage
❌ False
Myth: Saying “we’re married” once is enough
❌ False
Why This Matters for Law Practices
Common law marriage disputes often arise in:
- Estate and probate litigation
- Divorce and support claims
- Property disputes
- Social Security and pension cases
Because the law changed in 2005, date and evidence are everything.
Frequently Asked Questions (FAQ)
Does Pennsylvania recognize common law marriage today?
No. Pennsylvania does not allow new common law marriages after January 1, 2005.
Are old common law marriages still valid?
Yes, if formed before 2005 and properly proven.
Do common law spouses need a divorce?
Yes, if the marriage is legally recognized.
Can unmarried partners receive alimony?
No, unless a valid marriage existed.
Should unmarried couples create agreements?
Yes. It’s strongly recommended.
Final Thoughts
Pennsylvania’s approach to common law marriage is clear but often misunderstood:
- No new common law marriages since 2005
- Older ones may still be valid—but must be proven
For couples, understanding this can prevent serious financial and emotional consequences. For legal professionals, clarity on timing and evidence is essential.
If you’re unsure about your relationship status or legal rights, speaking with a Pennsylvania family law attorney can help protect your future.