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A common law marriage is a marriage that takes place without a license or ceremony. This is currently possible in only 9 states (Alabama, Colorado, Iowa, Kansas, Montana, Rhode Island, South Carolina, Texas, and Utah) and the District of Columbia. The law is unclear at the moment in Oklahoma, and it may not be possible to form a new common law marriage there. However, Oklahoma, as well as a few other states (Georgia, Ohio, and Pennsylvania), does recognize common law marriages that took place there before the state’s cut-off date (cut-off dates in these states range from 1991–2003). New Hampshire recognizes common law marriages there for purposes of inheritance only. All states recognize valid common law marriages from other states. In order to form a common law marriage, the partners usually must have the capacity to enter into a marriage (i.e. be old enough), live together, and tell people they are husband and wife. In some states they have to agree to be married, and in Texas they must sign a form available from the county clerk.

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