Common Law Marriage in PA: Is It Legal in Pennsylvania? (2026)

Last verified: October 31, 2026 against 23 Pa.C.S. 1103, 23 Pa.C.S. 3301 and 20 Pa.C.S. 2102

Common law marriage in PA is one of the most misunderstood topics in family law. Many people believe that living together for seven years, or a set number of years, turns a couple into spouses. Pennsylvania has no such rule. This page explains what the Commonwealth allows today, what counted before 2005, and what unmarried couples can do to protect themselves.

Does Pennsylvania recognize common law marriage today?

No. Pennsylvania does not allow couples to form a new common-law marriage. The statute is short: 23 Pa.C.S. 1103 says no common-law marriage contracted after January 1, 2005 shall be valid, and it keeps marriages formed on or before that date valid.

So the questions “does Pennsylvania have common law marriage” and “does PA recognize common law marriage” have a split answer. For couples who formed a relationship before 2005, the doctrine can still matter. For everyone else, only a licensed marriage counts.

Is Pennsylvania a common law state? A short timeline

Pennsylvania was a common-law marriage state for generations, then phased the doctrine out. These are the dates that matter.

Date	Event
1998	The Pennsylvania Supreme Court decides Staudenmayer v. Staudenmayer, 714 A.2d 1016, and describes common-law marriage as “a fruitful source of perjury and fraud.”
November 23, 2004	Act 144 of 2004 is signed. It amends 23 Pa.C.S. 1103 to end new common-law marriages.
January 1, 2005	Last day a common-law marriage could be validly contracted in Pennsylvania.
2005 to today	Courts still decide claims that a marriage began on or before the cutoff, often in estate, pension and Social Security disputes.

What is common law marriage in Pennsylvania?

It was a marriage with no license and no officiant. The couple became legally married simply by agreeing to be husband and wife and acting like it. Pennsylvania courts looked for one thing above all: words in the present tense.

The test came from cases like Staudenmayer. A couple needed to exchange words that clearly showed they meant to be married right then, such as “we are now husband and wife.” Talk about marrying someday does not count. Neither does a plan or a promise for the future.

How do you prove a pre-2005 common law marriage?

The person who says the marriage exists has the burden of proof, and the standard is clear and convincing evidence. That is a higher bar than an ordinary civil case.

When both people can testify, the claimant must prove the exchange of present-tense words. Joint bank accounts, shared tax returns, rings and a shared address do not prove the exchange on their own.

When one person has died or cannot testify, the rules shift. Courts allow a rebuttable presumption of marriage if the claimant shows constant cohabitation and a broad, general reputation as a married couple. The other side can still rebut that presumption.

• Evidence of the present-tense words, from the couple or from witnesses who heard them.
• Whether the two held themselves out as married to family, friends and neighbors.
• Records such as insurance forms, leases, tax filings and beneficiary designations that list each other as spouse.
• Dates showing that the agreement happened on or before January 1, 2005.

Common law marriage in PA: how many years does it take?

There is no number of years. Pennsylvania never had a rule that cohabitation for seven years, ten years or any other period creates a marriage. Time together can be evidence of reputation, but it is not the legal test and it cannot create a marriage after 2005.

Some other states set their own rules. New Hampshire, for example, treats a couple as married for inheritance purposes after three years of cohabitation and reputation, according to the National Conference of State Legislatures (NCSL). That rule does not apply in Pennsylvania.

Which states still allow common-law marriage?

According to NCSL, Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas and Utah allow it in some form, and Rhode Island recognizes it through case law. Many of these entries come with conditions, so a short stay is not the same as marrying there.

If you formed a relationship in one of those states, whether it counts in Pennsylvania is a separate legal question. Talk to a Pennsylvania-licensed family law attorney before you rely on it.

Pennsylvania compared with Ohio

Ohio is the neighbor most often compared, and it cut off common-law marriage earlier. A common-law marriage entered into on or after October 10, 1991 is not valid in Ohio, under Ohio Revised Code 3105.12. Pennsylvania kept the doctrine for about 14 years longer.

What rights do unmarried couples have in Pennsylvania?

Without a valid marriage, a couple does not get spousal rights automatically. The table shows what a legal spouse can claim and what an unmarried partner generally cannot.

Issue	Legally married spouse	Unmarried partner
Divorce process	Divorce under 23 Pa.C.S. 3301	No divorce; the relationship ends without a court case
Property division	Court divides marital property equitably under 23 Pa.C.S. 3502	Ownership follows the title and who paid
Alimony	Possible after a divorce decree under 23 Pa.C.S. 3701	Not available
Inheritance with no will	Intestate share under 20 Pa.C.S. 2102	No automatic share
Elective share	One-third of certain property under 20 Pa.C.S. 2203	Not available

Unmarried partners can still protect each other by putting agreements in writing. A will, a cohabitation agreement, joint ownership of a home and named beneficiaries on retirement accounts all help, and they do not depend on any marriage claim.

How do you end a common-law marriage in Pennsylvania?

The same way you end any marriage: with a divorce. If a pre-2005 common-law marriage is valid, the spouses cannot just walk away from it.

Under 23 Pa.C.S. 3301(c), if both spouses agree the marriage is irretrievably broken and file affidavits of consent, the court may grant a divorce after 90 days have passed from the start of the case. Under 23 Pa.C.S. 3301(d), one spouse can ask for a divorce after the couple has lived separate and apart for at least one year. Act 102 of 2016 amended that section.

In a divorce, the spouse asking for it must first prove the marriage existed. That is often the hardest part of a common-law case.

Real Pennsylvania scenarios

• A couple in Lancaster County started living together in 2010 and say they have been “married in every way” ever since. Because they began after January 1, 2005, no common-law marriage exists, and they would need a license to marry.
• A widow in Pittsburgh says she and her partner exchanged present-tense vows in 1998, then lived as a married couple until he died. She can ask the court to find a valid common-law marriage, but she must prove it with clear and convincing evidence or the cohabitation-and-reputation presumption.
• An unmarried couple in Harrisburg buys a house together in 2024. With no marriage, the deed and any written agreement decide who owns what if they separate.

Myths and facts

Myth	Fact
“After seven years together, you are married in Pennsylvania.”	No time period creates a marriage in Pennsylvania.
“If we share a bank account and file taxes jointly, we are married.”	Those facts can support a pre-2005 claim, but they do not replace the exchange of present-tense words.
“A common-law marriage ends when we separate.”	A valid common-law marriage ends only by divorce or death.
“Common-law marriage was abolished, so older ones are void.”	Pre-2005 marriages are still valid under 23 Pa.C.S. 1103.

Philadelphia, Pittsburgh and the rest of the Commonwealth

Marriage law is set by state statute, so the rule is the same in Philadelphia, Pittsburgh, Allentown and every county. County courts and clerks apply the same cutoff date.

Frequently asked questions

Does Pennsylvania have common law marriage?

Not for new couples. 23 Pa.C.S. 1103 bars common-law marriages formed after January 1, 2005. A marriage formed on or before that date can still be valid if the person claiming it proves the present-tense agreement with clear and convincing evidence.

Is there common law marriage in PA after living together for a few years?

No. Living together never created a marriage in Pennsylvania, and after 2005 it cannot. Cohabitation can be evidence in a pre-2005 case, but the law requires an exchange of words in the present tense showing both people meant to be married.

Is Pennsylvania a common law state for inheritance?

No for relationships that began after 2005. An unmarried partner has no automatic share under 20 Pa.C.S. 2102. A will or beneficiary designation is the safest way to leave property to a partner.

Will Pennsylvania recognize a common-law marriage from another state?

It can depend on the other state, the dates and the facts. NCSL lists several states that still allow it in some form, so the answer varies. Speak with a Pennsylvania-licensed family law attorney about your situation.

Can I get a divorce from a common-law spouse in Pennsylvania?

Yes, if the marriage is valid. You file for divorce under 23 Pa.C.S. 3301 like any other couple, and you must first prove the marriage began on or before January 1, 2005.

How do I prove a common-law marriage in PA?

Show clear and convincing evidence that you exchanged present-tense words of marriage before the cutoff. Witnesses, records listing each other as spouse and a long reputation as a married couple can help, especially if one partner has died.

Does Social Security recognize a Pennsylvania common-law marriage?

Social Security applies Pennsylvania law, and its policy manual says common-law marriages formed on or before January 1, 2005 are valid. The claimant still has to give evidence of the marriage, so keep records and statements from people who knew you.

What changed on this page

See our editorial policy for how we check facts, and our corrections page to report an error. More topics are in Marriage, Divorce & Family.

If this affects you