If you’re currently dating your partner in Arizona and curious whether or not that would render you either legally married, the answer is probably No. But like all legal matters, it’s not that simple, and there’s quite the story.
I have traveled down that path myself, of course, not as a lawyer, but as a regular person trying to figure out the legal status of cohabiting with my partner for years when I moved with her from Texas (a common law state) to sunny Arizona. I was certain that years of cohabitation had to mean something… at least?
Let’s dive into the details of common law marriage in the state of Arizona, what it means for couples, and what you can do to protect yourself legally, all without having to slog through pages of dry legalese.
Quick Answer: Does Arizona Recognize Common Law Marriage?
No, Arizona doesn’t recognize common law marriage if it was established in the state after 1913.
But, Arizona does recognize common law marriages that were formerly legally established in other states that recognize them.
So if you and your husband/wife were recognized as “married” under common law in, say, Texas or Colorado, and you later decided to move to Arizona, then Arizona would likely accept that marriage.
But if you began living together in the state of Arizona and never made it official? Out of luck you are (at least as far as common law marriage is concerned).
A Story: When Love Met Legal Confusion
A friend recently shared his story with me. He and his partner had been together for eight years, shared a home, bills, even a dog named Rufus, but never officially married.
They thought they were “basically married.” Then they moved to Arizona. During a chat about estate planning, a lawyer friend asked, “You’re not legally married?” That simple question sparked a realization: in Arizona, their years of living together meant nothing legally. That’s when he started digging into common law marriage AZ and how it really works.
What Is Common Law Marriage?
Before we dig deeper into Arizona’s rules, let’s clarify the basics. So, what is common law marriage?
Common law marriage is a legal doctrine that allows couples to be considered married, without a marriage license or formal ceremony, if they meet certain requirements, such as:
- Living together for a certain period
- Presenting themselves publicly as married (e.g., calling each other husband/wife)
- Having the intent to be married
Each common law state has its own criteria. You can’t just shack up and be “married by default.” It’s more nuanced than that.
What States Recognize Common Law Marriage?
As of now, only a handful of states recognize common law marriage. These common law marriage states include:
- Colorado
- Iowa
- Kansas
- Montana
- South Carolina
- Texas
- Utah
And in some cases, states like Georgia and Ohio recognize common law marriages formed before a certain date.
So if your relationship began, and met legal criteria, in one of these states, your common law marriage is valid. And Arizona will recognize it if you move here.
Arizona’s Position on Common Law Marriage
Arizona law does not allow couples to establish common law marriage within the state.
In fact, Arizona stopped recognizing in-state common law marriages in 1913. That means even if you’ve lived together in Arizona for 10, 20, or 50 years, the state won’t consider you married unless you’ve officially tied the knot.
It doesn’t matter if you share a mortgage, raise kids, or wear matching wedding bands. Legally? You’re still considered unmarried.
Recognition of Out-of-State Common Law Marriages
Here’s the good news (if you’ve come from a common law state):
Arizona recognizes valid common law marriages that were formed in other states that allow them.
This is thanks to the Full Faith and Credit Clause of the U.S. Constitution, which says that states must respect the “public acts, records, and judicial proceedings” of other states.
So, for example:
- You and your partner lived in Texas, met all the requirements for a common law marriage there.
- You later moved to Arizona.
- Arizona will consider your relationship a legal marriage, because it was legally recognized in Texas.
But, and this is big, you must have met the legal criteria in the other state before moving to Arizona. If not, Arizona won’t retroactively recognize your relationship.
What If You’re Not Married, but You’ve Been Living Together?
This was where things got messy for me. Here’s what I learned:
1. You have no automatic marital rights.
No inheritance. No hospital visitation rights. No next-of-kin privileges. That’s just the law.
2. You might still have legal remedies.
In Arizona, unmarried couples may be able to pursue contractual or equitable claims in court. For instance:
- If you bought a house together, a court might help divide it fairly.
- If you invested in a business together, you could pursue financial compensation.
But this isn’t automatic, and it’s definitely not the same as marital rights.
Real Talk: Why Legal Clarity Matters
I’ll be honest, learning all this was a wake-up call.
We thought we were protected. We weren’t.
That realization led us to finally speak with an Arizona family lawyer, who helped us draw up:
- A cohabitation agreement
- Wills and powers of attorney
- Joint ownership documents
It wasn’t romantic, but it was smart. And it gave us peace of mind.
Why You Should Talk to a Lawyer
If you’re in a long-term relationship in Arizona and you’re not legally married, talk to an attorney. Seriously.
Every situation is unique. Maybe you’ve bought property together. Maybe you’re raising kids. Maybe one of you is financially dependent on the other.
A lawyer can help you:
- Understand your rights
- Draft contracts or agreements
- Avoid messy legal battles if things go south
And if you came from a common law marriage state, they can help determine whether your relationship qualifies as a legal marriage in Arizona.
Tips for Protecting Yourself as an Unmarried Couple in Arizona
If you’re not legally married and don’t plan to be, here are some smart steps to take:
Create a Cohabitation Agreement
This outlines how you’ll handle property, finances, and more, like a prenup, but without the marriage.
Draft Wills and Powers of Attorney
So you can make medical and financial decisions for each other if needed.
Title Property Clearly
Make sure both names are on the deed or lease if you share a home.
Keep Records
It might sound tedious, but keeping documentation can help in court if disputes arise later.
Final Thoughts: Love Is Beautiful, But Law Is Law
So, here’s the bottom line:
If you’re asking, “Does Arizona recognize common law marriage?”, the answer is no, unless your marriage was legally established in another state.
Love isn’t always about paperwork. I get that. But when it comes to your rights, your assets, and your future, it pays to understand where you stand legally.
For me and my partner, learning the truth about common law marriage AZ was a turning point. We didn’t rush to the courthouse, but we did take steps to protect each other, and that’s made all the difference.
Additional Resources
Want to dig deeper? Check out these helpful resources:
