--- title: "Part VII, Subpart i, Chapter 2, Section B Establishing Common Law Marriages" document: "M-21-1" section: "Part VII, Subpart i, Chapter 2, Section B" canonical: "https://veteranai.co/va-regulations/m21-1/vii.i.2.b-establishing-common-law-marriages" source: "https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000176619/M21-1-Part-VII-Subpart-i-Chapter-2-Section-B-Establishing-Common-Law-Marriages" updated: "2026-09-07T14:37:27.420985Z" --- March 18, 2015 ### VII.i.2.B.1.a. How a Common Law Marriage Is Contracted In some jurisdictions it is possible to contract a marriage without a ceremony and without registration of the marriage.Common law marriages are entered into by agreement of the parties and do not require a formal ceremony.**Note:** The Department of Veterans Affairs (VA) recognizes common law marriages between individuals of the same sex if the marriage was established in a jurisdiction that recognizes common law marriages. **References:** For more information on * the states that recognize common law marriages, see M21-1, Part VII, Subpart i, 2.B.3.a, and * determining the proper effective date for granting entitlement to additional * disability compensation based on a same-sex marriage, see [M21-1, Part VII, Subpart i, 1.C.2.h](), and * Veterans Pension based on a same-sex marriage, see * [38 CFR 3.114(a)](), and * [38 CFR 3.401(b)](). ### VII.i.2.B.1.b. Registration of Informal Marriages Although some jurisdictions provide for registration of informal marriages, a common law marriage can usually be established without registering with any governmental entity.A copy of the document registering the informal marriage may be accepted to establish the marriage from the date it was registered.**Reference:** For more information on establishing common law marriages, see * M21-1, Part VII, Subpart i, 2.B.1.d, and * M21-1, Part VII, Subpart i, 2.B.2. ### VII.i.2.B.1.c. Terminating an Established Common Law Marriage Once a common law marriage has been established in a jurisdiction recognizing common law marriages, it is a valid marriage in all respects, and is no different from a ceremonial marriage.The marriage cannot be terminated except through * divorce * the death of one of the marriage partners, or * annulment. **Notes:** * There is no such thing as a “common law divorce.” * A valid common law marriage established in a jurisdiction recognizing such marriages continues to be valid if the parties later move to a jurisdiction not recognizing common law marriages. ### VII.i.2.B.1.d. Elements Required When Establishing a Common Law Marriage The legal requirements for establishing a common law marriage vary from jurisdiction to jurisdiction. Per _[Burden and Coleman v. Shinseki]()_ , 727 F.3d 1161 (Fed. Cir. 2013), VA must use the evidentiary standard of the state in which a common law marriage took place in order to determine the validity of a common law marriage.Typically, _all_ of the elements listed below must be present before a common law marriage may be established.| **Element**| **Description** An agreement between the parties to be married| Often this agreement is explicit, but it can be inferred from the conduct of the parties. The statement of one of the parties that there was no agreement to be married is not necessarily conclusive, especially when * the statement is self-serving, and * there is evidence that the parties held themselves out as married. Cohabitation| The parties actually lived together for some period of time. Holding out to the public as married| The parties represented themselves to members of the community as spouses. It is not necessary to have used the same last name. **Reference:** For the procedure for developing for evidence of a common law marriage, see M21-1, Part VII, Subpart i, 2.B.2.b. ### VII.i.2.B.1.e. Establishing That Parties Held Themselves Out to the Public as Married Establishing that the parties held themselves out to the public as married is probably the most important element in the development process. This may be established by * statements of persons in the community who knew the parties as spouses, and * documents which show that the parties represented themselves as married. **Reference:** For more information about evidence that may prove parties held themselves out to the public as married, see M21-1, Part VII, Subpart i, 2.B.1.f below. ### VII.i.2.B.1.f. Evidence to Prove Parties Held Themselves Out to the Public as Married Evidence that may prove parties held themselves out to the public as married include * lease agreements * joint bank statements * utility bills * tax returns * insurance forms * employment records, and * any other document requiring the individual to indicate marital status. ### VII.i.2.B.1.g. Secondary Evidence in Jurisdictions Where Other Than Ceremonial Marriages Are Recognized In jurisdictions where marriages other than by ceremony are recognized, affidavits or certified statements of one or both of the parties to the marriage, if living, setting forth all the facts and circumstances concerning the alleged marriage are required.The facts and circumstances required include * the agreement between the parties at the beginning of their cohabitation * the period of cohabitation * the places and dates of residences, and * whether children were born as a result of the relationship. ### VII.i.2.B.1.h. Supplemental Evidence in Jurisdictions Where Other Than Ceremonial Marriages Are Recognized Supplement the secondary evidence with affidavits or certified statements from two or more persons who know, as the result of personal observation, the reputed relationship that existed between the parties to the alleged marriage, including * the periods of cohabitation * places of residence * whether the parties held themselves out publicly as spouses, and * whether the parties were generally accepted as such in the communities in which they lived. #### ## 2. Development to Establish a Common Law Marriage This topic contains information on development to establish common law marriages, including * when to undertake development to establish a common law marriage, and * how to develop for evidence of a common law marriage. November 6, 2015 ### VII.i.2.B.2.a. When to Undertake Development to Establish a Common Law Marriage Develop to establish a common law marriage if * the claimant alleges a common law marriage, or * the evidence * does not establish a claimed ceremonial marriage, but * does support that the parties lived together in a jurisdiction recognizing common law marriages. **Reference:** For information, on which states recognize common law marriages, see M21-1, Part VII, Subpart i, 2.B.3. ### VII.i.2.B.2.b. How to Develop for Evidence of a Common Law Marriage Use the table below to develop for common law marriage.| **If the case being developed is a …**| **Then send the …** live case| * Veteran * [ _VA Form 21-4170_ , _Statement of Marital Relationship_](), to request a statement concerning the claimed marital relationship * two copies of [_VA Form 21P-4171, Supporting Statement Regarding Marriage_](), to be completed by two persons who know, as the result of personal observation, the relationship that exists or existed between the parties, and * a request for a copy of each child’s birth certificate if children were born from the marriage, and * claimed spouse [_VA Form 21-4170_](). death case| the claimant * [ _VA Form 21-4170_]() for completion * two copies of [_VA Form 21P-4171_]() to be completed by two persons who know, as the result of personal observation, the relationship that existed between the parties, and * a request for a copy of each child’s birth certificate if children were born from the marriage. **_**_Notes_**_** : **__** Upon receipt of birth certificates, confirm that the names of both parties of the claimed common law marriage are on each birth certificate. **Reference:** For information on development procedures using the Veterans Benefits Management System (VBMS), see the _VBMS Core User Guide_. #### ## 3. Validity of Common Law Marriages By State December 2, 2021 ### VII.i.2.B.3.a. Recognition of Common Law Marriages by State Use the table below to check the validity of common law marriages by State.| **State**| **Status of Common Law**| ** **| **State**| **Status of Common Law** Alabama| 01/01/2017| Montana| recognized Alaska| 08/01/1917| Nebraska| 08/03/1923 Arizona| 10/01/1913| Nevada| 03/29/1943 Arkansas| not recognized| New Hampshire| recognized _only_ upon the death of one of the partners, per New Hampshire RSA 457:39 California| not recognized| New Jersey| 12/01/1939 Colorado| recognized| New Mexico| not recognized Connecticut| not recognized| New York| 04/29/1933 Delaware| not recognized| North Carolina| not recognized District of Columbia| recognized| North Dakota| not recognized Florida| 01/02/1968| Ohio| 10/10/1991 Georgia| 01/01/1997| Oklahoma| recognized Hawaii| not recognized| Oregon| not recognized Idaho| 01/01/1996| Pennsylvania| 01/01/2005 Illinois| 07/01/1905| Puerto Rico| not recognized Indiana| 01/01/1958| Rhode Island| recognized Iowa| recognized| South Carolina| 07/24/2019 Kansas| recognized| South Dakota| 07/01/1959 Kentucky| not recognized| Tennessee| not recognized Louisiana| not recognized| Texas| recognized Maine| not recognized| Utah| recognized under limited circumstances per Utah Code Section 30-1-4.5 Maryland| not recognized| Vermont| not recognized Massachusetts| not recognized| Virginia| not recognized Michigan| 01/01/1957| Washington| not recognized Minnesota| 04/27/1941| West Virginia| not recognized Mississippi| 04/05/1956| Wisconsin| 01/01/1918 Missouri| 06/20/1921| Wyoming| not recognized ** _Legend_** :** **Date** = Marriage recognized only if established before that date. **Example:** A common law marriage in Florida is recognized only if it was established before January 2, 1968. #### ## 4. Validity of Common Law Marriages Outside the U.S. September 12, 2019 ### VII.i.2.B.4.a. Determining the Validity of Common Law Marriages Outside the U.S Follow the steps in the table below to determine the validity of common law marriages outside the U.S.| **Step**| **Action** 1| Check the Social Security Administration’s (SSA’s) [Program Operations Manual System]() to determine whether its Office of General Counsel has made a determination regarding the validity of common law marriages in the country in question. 2| Was the country in question listed on the website? * If _yes_ , * apply the finding of SSA’s Office of General Counsel in determining whether the common law marriage in question is valid, and * disregard the remaining steps in this table. * If _no_ , go to the next step. 3| Use reputable (government-hosted, if locatable) websites to determine whether the country in question recognizes common law marriages. **Example:** [USEmbassy.gov]() lists the countries in which the U.S. has an embassy. Each embassy has its own website. Typing _marriage_ in the search box of these websites will result in the retrieval of articles that may indicate whether the host country recognizes common law marriages. 4| Did the action taken in Step 3 reveal whether the country in question recognizes common law marriages? * If _yes_ , * save a copy of the search results in the claims folder, and * disregard the remaining steps in this table. * If no, go to the next step. 5| Ask District Counsel for assistance in determining whether the country in question recognizes common law marriages. 6| * Document District Counsel’s findings on [_VA Form 27-0820, Report of General Information_](). * Save a copy of the form in the claims folder. #### ## 5. Establishing a Common Law Marriage for a Claimant Not Living in a State Recognizing Common Law Marriages This topic contains information on how to establish a common law marriage for a claimant not living in a jurisdiction recognizing common law marriages, including * action to take when parties live in jurisdictions not recognizing common law marriages * deeming a surviving spouse’s common law marriage valid if the state doesn’t recognize common law marriages, and * establishing a common law marriage for a surviving spouse claimant. February 19, 2019 ### VII.i.2.B.5.a. Action to Take When Parties Live in Jurisdictions Not Recognizing Common Law Marriages Follow the steps in the table below if the parties to a claimed common law marriage have lived only in jurisdictions that * do not currently recognize common law marriages, and * have not recognized common law marriages since the time of the inception of the parties’ cohabitation. | **Step**| **Action** 1| Is the claimant a surviving spouse alleging a common law marriage to the Veteran? * If _yes_ , go to M21-1, Part VII, Subpart i, 2.B.5.b. * If _no_ , * deny the claim based on the lack of a marital relationship without submission for a legal opinion, and * go to Step 2. 2| Follow the instructions in M21-1, Part VII, Subpart i, 2.B.7. ### VII.i.2.B.5.b. Deeming a Surviving Spouse’s Common Law Marriage Valid if the State Doesn’t Recognize Common Law Marriages In [VAOPGCPREC 58-1991](), the General Counsel held that lack of residence in a jurisdiction recognizing common law marriages is _not_ a bar to establishing a common law marriage for a surviving spouse claimant.**Rationale:** The common law marriage could be “deemed valid” under [38 CFR 3.52]() on the theory that the surviving spouse could have entered into the purported common law marriage without knowledge of the fact that there was an impediment to the marriage. The impediment would be the jurisdiction’s non-recognition of common law marriages.**Reference:** For more information on establishing common law status for a surviving spouse who did not reside in a jurisdiction recognizing common law marriages, see M21-1, Part VII, Subpart i, 2.B.5.c. ### VII.i.2.B.5.c. Establishing a Common Law Marriage for a Surviving Spouse Claimant Follow the steps in the table below to establish a common law marriage for a surviving spouse claimant who did not reside in a jurisdiction recognizing common law marriages.| **Step**| **Action** 1| * Develop for evidence to establish the common law marriage, and * secure the surviving spouse’s statement as to * knowledge that common law marriages were not recognized in the jurisdiction where the parties resided, and * the reasons for the knowledge. **Reference:** For more information on the development actions to take when a common law marriage is claimed, see M21-1, Part VII, Subpart i, 2.B.2. 2| Determine, as a question of fact, whether the claimant was without knowledge of the impediment to the marriage based on * the statement submitted by the claimant, and * any other evidence of record. 3| Conduct a full inquiry, if necessary, as required by [38 U.S.C. 103(a)]().**Reference:** For more information on VA’s ability to conduct an inquiry, see * [VAOPGCPREC 58-1991](), and * [ _Colon v. Brown_]() , 9 Vet.App 104 (1996). 4| Weigh the evidence submitted both as to its value in providing proof and credibility. 5| Determine whether _all_ of the following requirements are met: * The claimant did not know of the impediment to the marriage. * All other requirements of a deemed valid marriage are satisfied. * All the elements of a common law marriage are present. 6| Are all of the requirements referenced in Step 5 met? * If _yes_ , recognize the common law marriage. * If _no_ , reject the alleged common law marriage. 7| Follow the instructions in M21-1, Part VII, Subpart i, 2.B.7. #### ## 6. Establishing a Common Law Marriage Against the Claimant’s Will This topic contains information on establishing a common law marriage against the claimant’s will, including * claimant’s interest in disavowing a common law marriage * considering the claimant’s statement refuting a common law marriage, and * establishing a common law marriage against the claimant’s will. March 18, 2015 ### VII.i.2.B.6.a. Claimant’s Interest in Disavowing a Common Law Marriage A claimant and their spouse may * live together in a jurisdiction recognizing common law marriages under circumstances meeting requirements for a common law marriage, and * choose _not_ to recognize or report the marriage because the spouse has income or net worth that would adversely affect entitlement to benefits. **Important:** The marriage _must_ be established if it, in fact, exists. ### VII.i.2.B.6.b. Considering the Claimant’s Statement Refuting a Common Law Marriage The claimant’s statement that there is no agreement to be married is one piece of evidence to consider in determining whether a common law marriage exists. However, the statement may be contradicted by other evidence, such as evidence that the claimant held themself out publicly as the spouse of the other person. ### VII.i.2.B.6.c. Establishing a Common Law Marriage Against the Claimant’s Will To determine whether a common law marriage is in force when disavowed by the claimant, * request a field examination, if necessary * initiate complete development if * evidence is received that a common law marriage exists, and * establishing the marriage would adversely affect entitlement to benefits, and * evaluate the evidence received. Prepare a two-signature administrative decision in accordance with the instructions in M21-1, Part VII, Subpart i, 2.B.7 to recognize or reject a common law marriage on the merits.**Reference:** For more information on the claimant’s duty to report relationships, see [M21-1, Part VII, Subpart i, 1.A.1.i](). #### ## 7. Administrative Decision Required to Recognize or Reject a Common Law Marriage July 29, 2024 ### VII.i.2.B.7.a. Preparing the Administrative Decision Follow the instructions in [M21-1, Part X, Subpart v, 1.C.2]() for preparing a two-signature administrative decision.**Notes:** * As directed in _[Burden and Coleman v. Shinseki]()_ , 727 F.3d 1161 (Fed. Cir. 2013),__ the evidentiary standard of “reasonable doubt” may not always apply to common law marriage. * If the decision establishes a common law marriage, the issue of the decision is _Deemed Valid Common Law Marriage_. * No administrative decision is required if the claim was denied for failure to furnish requested evidence.