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Living together for seven years makes you common-law married

From bullshitopedia
Living together for seven years makes you common-law married
FALSE
"A couple who live together for seven years (or another set period) automatically become legally married under "common-law marriage.""
Domain Government, Law & Courts
Tactic Fabrication
Era Historical
First seen 20th century
Origin Folk belief in the United States and the United Kingdom, repeated in popular culture
Last reviewed 2026-10-29
Further reading: books on Government, Law & Courts

The belief that living together for a set number of years creates a common-law marriage is widespread and wrong. No US state sets a time period, most states do not recognize common-law marriage at all, and in England and Wales cohabiting couples have no "common-law" marital status.

The claim

The usual figure is seven years, though some versions say five or ten. Many couples assume they have the rights of married spouses, including inheritance and property rights.

What the evidence shows

  • Few US states. Only a small minority of states, including Colorado, Iowa, Kansas, Montana, Rhode Island, Texas and Utah, along with the District of Columbia, recognize new common-law marriages.
  • No time rule. Where it exists, a common-law marriage requires that the couple agree to be married and present themselves publicly as spouses. Length of cohabitation alone does not create one.
  • England and Wales. The law gives cohabiting couples no marital status regardless of how long they live together. The British Social Attitudes survey in 2019 found that nearly half of respondents wrongly believed common-law marriage exists.

Why it persists

The phrase "common-law wife" is common in everyday speech and the media, and the myth is rarely tested until a relationship ends or a partner dies.

Lessons for readers

  • Cohabiting couples who want legal protection need wills, agreements or marriage.
  • Check the law in your own state or country.

Sources

  • NatCen Social Research, British Social Attitudes 36 (2019), chapter on cohabitation.
  • Legal Information Institute, Cornell Law School, "Common law marriage."