In the state of Florida what is the law regarding common law husband and wife?

Answer 1

Florida doesn't recognize common law marriage

Currently, only 10 states (Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa, Montana, Oklahoma, Pennsylvania and Texas) and the District of Columbia recognize common-law marriages contracted within their borders. In addition, five states have "grandfathered" common law marriage, allowing those established before a certain date to be recognized. New Hampshire recognizes common law marriage only for purposes of probate, and Utah recognizes common law marriages only if they have been validated by a court or administrative order.


Alabama
New Hampshire ³

Colorado
Ohio 4

District of Columbia
Oklahoma5 (Okla. Stat. Ann. tit. 43, § 1)

Georgia¹
Pennsylvania (23 Penn. Cons. Stat. § 1103)

Idaho ²
Rhode Island

Iowa (Iowa Code Ann. §. 595.11)
South Carolina

Kansas 8
Texas 6 (Tex. Fam. Code Ann. § 2.401)

Montana (Mont. Code Ann. § 26-1-602, 40-1-403)
Utah7(Utah Code Ann.§ 30-1-4.5)

Answer 2

Common law marriage is recognized ONLY in the following states:
Alabama
Colorado
District of Columbia
Georgia (if created before 1/1/97)
Idaho (if created before 1/1/96)
Iowa
Kansas
Montana
New Hampshire (for inheritance purposes only)
Ohio (if created before 10/10/91)
Oklahoma
Pennsylvania
Rhode Island
South Carolina
Texas
Utah
(NOT Florida- there's no common law marriage)
Contrary to popular belief, a common law marriage is not created when two people simply live together for a certain number of years. In order to have a valid common law marriage, the couple must do all of the following:
* live together for a significant period of time (not defined in any state)
* hold themselves out as a married couple -- typically this means using the same last name, referring to the other as "my husband" or "my wife," and filing a joint tax return, and
* intend to be married.

When a common law marriage exists, the spouses receive the same legal treatment given to formally married couples, including the requirement that they go through a legal divorce to end the marriage.

Answer 3

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