Many couples in Wisconsin live together for years, share finances, buy homes, and raise children—without ever getting married. Over time, a common question comes up:
Does Wisconsin recognize common law marriage?
The answer is no, but there are important details and exceptions that every couple—and every legal professional—should understand. Misunderstanding this area of law can lead to serious financial and legal consequences.
What Is a Common Law Marriage?
A common law marriage is a marriage formed without a wedding ceremony or marriage license. In states that allow it, a couple may be considered legally married if they:
- Live together
- Intend to be married
- Present themselves publicly as husband and wife
Not all states recognize this type of marriage—and Wisconsin is one of the states that does not.
Does Wisconsin Allow Common Law Marriage?
No. Wisconsin does NOT recognize common law marriage created within the state.
This means:
- Living together for many years does not make you married
- Calling each other husband or wife does not create a legal marriage
- Sharing children, property, or finances does not automatically give marital rights
In Wisconsin, a legal marriage requires:
- A valid marriage license
- A formal ceremony
- Proper registration with the state
Without these steps, the relationship is not legally considered a marriage.
The Important Exception: Out-of-State Common Law Marriages
Even though Wisconsin does not allow couples to form common law marriages, it does recognize valid common law marriages formed in other states.
When Wisconsin Will Recognize a Common Law Marriage
Wisconsin courts will recognize a common law marriage if:
- The marriage was valid under the laws of another state
- The couple met all legal requirements of that state
- The couple later moved to or resides in Wisconsin
This follows the general legal rule that marriages valid where created are valid elsewhere.
States That Recognize Common Law Marriage
Some states that allow or recognize common law marriage include:
- Colorado
- Iowa
- Kansas
- Montana
- South Carolina
- Texas
- Utah (with court approval)
- Washington, D.C.
If a couple formed a valid common law marriage in one of these states and then moved to Wisconsin, Wisconsin will treat them as legally married.
How Courts Decide If a Common Law Marriage Exists
If a legal dispute arises, Wisconsin courts will look at the law of the state where the marriage was formed. Evidence often includes:
- Joint tax returns filed as married
- Shared bank accounts or property
- Statements to employers or government agencies
- Use of the same last name
- Testimony from friends and family
- Length and consistency of cohabitation
These cases can become complex, especially during divorce, inheritance, or benefits disputes.
Living Together in Wisconsin: What Rights Do Unmarried Couples Have?
Many people assume living together creates marriage-like rights. In Wisconsin, this is not true.
If You Are Not Legally Married:
- No automatic right to property division
- No spousal support (alimony)
- No inheritance rights without a will
- No spousal insurance or retirement benefits
However, unmarried couples may still have rights under:
- Property ownership laws
- Contract law (written or verbal agreements)
- Family law (child custody and support apply regardless of marriage)
Property and Finances for Unmarried Couples
Wisconsin is a marital property state, but these rules apply only to legally married couples.
For unmarried partners:
- Property belongs to the person whose name is on the title
- Joint ownership must be clearly documented
- Financial disputes are handled as contract or civil cases, not divorce cases
This often surprises long-term partners who expected equal division.
Is There a “Common Law Divorce” in Wisconsin?
No.
Since Wisconsin does not allow common law marriage:
- There is no common law divorce
- If there was no legal marriage, there is nothing to divorce
That said, courts may still handle:
- Property disputes
- Debt responsibility
- Child custody and support issues
These matters are resolved under civil or family law, not divorce law.
How Unmarried Couples Can Protect Themselves
Couples who choose not to marry in Wisconsin should consider legal planning.
Smart Legal Steps Include:
- Creating a cohabitation agreement
- Clearly titling property and bank accounts
- Drafting a will or trust
- Naming partners in powers of attorney
- Updating beneficiary designations
These steps help prevent costly disputes and uncertainty.
Why This Issue Matters for Law Firms
For attorneys, common law marriage issues in Wisconsin frequently arise in:
- Family law consultations
- Probate and estate cases
- Employment benefits disputes
- Property ownership conflicts
- Immigration and federal benefit claims
Many clients incorrectly believe they are married. Educating clients early can prevent serious legal problems later.
Common Myths About Common Law Marriage in Wisconsin
Myth: Living together for seven years makes you married
Truth: Wisconsin does not recognize common law marriage at any time
Myth: Having children creates marriage rights
Truth: Children do not create marital status
Myth: Calling each other husband and wife makes it legal
Truth: Titles and labels do not create a marriage
Frequently Asked Questions (FAQ)
Is common law marriage legal in Wisconsin?
No. Wisconsin does not allow common law marriages to be created within the state.
Will Wisconsin recognize a Texas common law marriage?
Yes, if it was valid under Texas law.
Can unmarried couples get alimony?
No. Spousal support applies only to legal marriages.
Do unmarried partners inherit automatically?
No. A will or trust is required.
Can unmarried couples jointly own property?
Yes, but ownership depends on documentation—not marital law.
Final Thoughts
Wisconsin’s position on common law marriage is firm, but the legal consequences of misunderstanding it can be serious.
If you:
- Lived with a partner for many years
- Moved from another state
- Are facing a breakup, death, or financial dispute
It’s critical to understand your legal status and rights.
Whether you’re an individual seeking clarity or a law firm advising clients, knowing how common law marriage works in Wisconsin helps avoid confusion, conflict, and costly mistakes.