Common Law Marriage

A common law marriage is a relationship in which the couple did not follow the formal requirements to get married under Iowa Code chapter 595, but the relationship is still considered a marriage because it meets certain requirements. A court may decide a common law marriage exists as part of resolving a legal dispute, but couples cannot get a certificate of common law marriage, or another formal legal document recognizing a common law marriage.

Although a person who has a common law marriage has the same legal rights as a person who was married through the formal process, it can be harder to prove that a common law marriage exists, since common law marriages are not formally documented like typical marriages.

In Iowa, a relationship must meet three requirements to be a common law marriage:

• A present intent and agreement, by both parties, to be married
• Continuous cohabitation
• Public declaration or “holding out” to the public that the parties are spouses

Additionally, both parties must be capable of entering into the marriage. (See our page Marriage in Iowa for more information on requirements to marry in Iowa.)

Many Iowa court cases have discussed the various elements of common law marriage in Iowa. The Iowa Administrative Code also discusses common law marriage at Rule 701—73.25(425) in relation to certain tax credits under Iowa Code chapter 425.

While you may have heard that a couple has a common law marriage after seven years of living together, there is no set number of years of living together that automatically creates a common law marriage.

For more information on common law marriage, see Iowa Legal Aid’s article Misconceptions About Common Law Marriage.