Does Florida Have Common Law Marriage?
In Florida, for inheritance purposes, being legally married and having a “common law marriage” are two completely different things. If you are not married to your long term partner and have commingled funds and accumulated assets you risk losing those assets to their heirs in intestacy if you lack a will. When you are married your spouse has a vested right in your estate that a long-term partner simply does not have as a matter of law.
Is There Common Law Marriage in Florida?
Florida does not allow new common law marriages.
Florida will only recognized a common law marriage formed before January 2nd 1968.In the past and still in some states long term cohabitation can turn into what was called a “common law marriage.” These are also sometimes called sui juris marriage, informal marriage or marriage by habit or repute. This term has become common place in recent years. However, many Florida residents do not know that Florida does not recognize common law marriages to form at the moment.In fact common law marriages are now allowed in only a minority of jurisdictions.Florida DOES, in some circumstances, recognize common law marriages from other jurisdictions. Which states still use common law marriage?
- Alabama
- Colorado
- Washington D.C.
- Iowa
- Kansas
- Montana
- Oklahoma
- Rhode Island
- South Carolina
- Texas
- Utah (only if validated by Court Order*)