What Is a Common Law Marriage?
Historically, a common law marriage allowed a couple to achieve the full legal status of "married" without ever obtaining a government marriage license or having a wedding ceremony. To qualify in states that allowed it, the couple typically had to live together for a significant amount of time, share finances, and actively present themselves to the public as husband and wife (such as referring to each other as spouses or filing joint tax returns).
Florida's Stance on Common Law Marriage
Florida does not recognize common law marriage. The state legislature explicitly abolished the practice in 1968 (Section 741.211, Florida Statutes).
No matter how long a couple lives together in Florida, no matter how many properties they buy together, and no matter how many children they have, they will never accidentally become legally married under Florida law. If an unmarried couple splits up after 30 years, they do not have the right to file for divorce, demand alimony, or automatically divide assets through family court.
The Out-of-State Exception
There is one major exception, protected by the "Full Faith and Credit" clause of the U.S. Constitution. If a couple legally establishes a common law marriage in a state that does recognize it (such as Colorado or Texas), and then that couple moves to Florida, Florida will legally recognize their marriage. If that couple later decides to split, they must go through a formal Florida divorce.
Real Estate Implications
Because Florida abolishes common law marriage, unmarried couples buying real estate face severe risks. Married couples automatically hold property as Tenants by the Entireties, which protects the home from the debts of one spouse and guarantees the surviving spouse inherits the home.
Unmarried couples do not get these protections. Unless they sign a strict co-ownership agreement or take title as joint tenants with rights of survivorship, if one partner dies, their half of the house will have to go through probate and will likely be inherited by their blood relatives, completely cutting out the surviving partner.
Related Terms
- Co-Ownership Agreement — Essential for unmarried couples buying property
- Tenants in Common — The default, risky way unmarried couples hold title
- Probate — The court process that endangers the surviving unmarried partner
Barnes Walker Estate Planning
Because common law marriage is not recognized in Florida, Barnes Walker's attorneys strongly advise unmarried couples to establish comprehensive estate plans and co-ownership agreements to legally protect their shared real estate assets. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC