Couples who have lived together for years often assume they have the same legal rights as married spouses. In Arizona, that assumption can lead to a costly surprise.
Arizona is one of the majority of states that does not allow new common law marriages to be created within its borders. However, the state may still recognize a common law marriage that was validly formed in another jurisdiction.
Does Arizona Recognize Common Law Marriage?
Arizona law (A.R.S. § 25-111) requires a marriage license and a formal solemnization for a couple to be legally married in the state. Simply living together — even for many years, sharing finances, raising children, or referring to one another as spouses — does not create a marriage under Arizona law.
This means an unmarried couple in Arizona generally has no automatic right to community property, spousal maintenance, or inheritance simply because of the length of the relationship.
Out-of-State Common Law Marriages
Arizona does recognize common law marriages that were validly established in another state that permits them. Under the U.S. Constitution's Full Faith and Credit Clause, a marriage valid where it was formed is generally treated as valid in Arizona.
States that currently allow some form of common law marriage include:
- Colorado
- Iowa
- Kansas
- Montana
- New Hampshire (for inheritance only)
- Oklahoma
- Rhode Island
- South Carolina (only those established before July 2019)
- Texas
- Utah (court order required)
- District of Columbia
If you lived in one of those jurisdictions and met its requirements before moving to Arizona, you may already be legally married — and you may need a formal divorce to end the relationship.
What It Takes to Prove a Common Law Marriage
Requirements vary by state, but most jurisdictions look for a combination of the following:
- Both partners had the legal capacity to marry
- The couple agreed to be married
- They lived together as spouses
- They held themselves out publicly as a married couple (joint taxes, shared last name, referring to each other as husband or wife)
Rights of Unmarried Couples in Arizona
Because Arizona does not create common law marriages, long-term unmarried partners typically cannot rely on family court for property division or spousal support if the relationship ends. Disputes over jointly owned assets, real estate, or debts are usually handled in civil court rather than family court.
Issues involving children — paternity, legal decision-making, parenting time, and child support — are still decided under Arizona family law regardless of whether the parents were ever married.
Protecting Yourself Without a Marriage Certificate
Unmarried couples in Arizona can take steps to protect themselves and clarify their rights:
- Cohabitation agreements outlining property and financial expectations
- Clear titling of homes, vehicles, and bank accounts
- Updated wills, beneficiary designations, and powers of attorney
- Paternity acknowledgments and parenting plans when children are involved
Talk With an Arizona Family Law Attorney
Whether you believe you may have a common law marriage from another state, or you simply want to understand your rights as an unmarried partner, an experienced attorney can help you weigh your options.
The Sander Law Firm helps clients across Glendale, Phoenix, and surrounding Arizona communities navigate marriage, divorce, custody, and related family law questions.