Many couples who live together for years begin to feel “as good as married.” You may share bills, own property together, and present yourselves as spouses to friends and family. Naturally, this leads to an important legal question:
Does Arizona recognize common law marriage?
The short answer is no. Arizona does not allow couples to form new common law marriages within the state. However, there are important exceptions and legal alternatives that every unmarried couple should understand.
At Schill Law Group, we regularly help Arizona couples navigate these complex legal issues and protect their rights before problems arise.
This guide explains how common law marriage works, Arizona’s position on it, and what rights cohabiting couples actually have.
What Is a Common Law Marriage?
A common law marriage is a legally recognized marriage that occurs without:
- A wedding ceremony
- A marriage license
- Formal registration
Instead, couples become legally married by meeting certain requirements, such as:
- Living together for a period of time
- Presenting themselves as married
- Intending to be spouses
Only a small number of U.S. states still recognize common law marriage today, and each has its own rules.
Does Arizona Recognize Common Law Marriage?
No. Arizona does not recognize new common law marriages.
This means:
- Living together for 5, 7, or even 20 years does not make you legally married
- Sharing finances does not create marital status
- Calling each other “husband” and “wife” does not create a legal marriage
Under Arizona law, a valid marriage requires:
- A marriage license
- A legally recognized ceremony
Without these steps, the relationship is not considered a marriage—no matter how long you have been together.
The Exception: Out-of-State Common Law Marriages
While Arizona does not create common law marriages, it may recognize one formed in another state.
If you and your partner:
- Established a valid common law marriage in a state that allows it, and
- Met all legal requirements in that state,
Then Arizona will usually recognize your marriage under the U.S. Constitution’s “full faith and credit” principle.
Example:
If you formed a valid common law marriage in Texas and later moved to Arizona, Arizona courts will typically treat you as legally married.
However, proving an out-of-state common law marriage can be complicated. The attorneys at Schill Law Group can help you gather documentation and present your case effectively.
Common Myths About Common Law Marriage in Arizona
Many couples rely on misinformation when it comes to common law marriage. Unfortunately, believing these myths can lead to serious legal and financial consequences.
“If we live together for seven years, we’re automatically married.”
This is one of the most common misconceptions. Arizona law does not recognize any timeline that turns cohabitation into marriage. No matter how long you live together, legal marriage requires formal registration and a ceremony.
“Sharing bills and bank accounts makes us legally married.”
Combining finances does not create marital status. Even if you split expenses, own joint accounts, or file taxes together, you are not considered married under Arizona law.
“Everyone knows us as husband and wife, so the law must recognize it.”
Public perception has no legal impact. Calling each other spouses, using the same last name, or presenting yourselves as married does not establish legal rights.
“We’re basically married in the eyes of the law.”
Without a marriage license and valid ceremony, Arizona does not view your relationship as a marriage. Legal protections only arise through formal marriage or written agreements.
What Rights Do Unmarried Couples Have in Arizona?
Because Arizona does not recognize common law marriage, unmarried couples do not receive the automatic legal protections that married spouses are given. Without formal agreements in place, most rights are limited and based on individual ownership.
Property Rights
Unmarried partners do not share property by default. In most cases:
- Property belongs to the person who purchased it
- Assets remain separate
- Courts cannot divide property like a divorce
- Joint ownership depends on the deed
Financial Rights
Unmarried partners do not automatically share financial benefits, including:
- Bank accounts
- Retirement plans
- Insurance policies
- Investments
Without written agreements, these assets remain separate.
Inheritance and Estate Rights
Without proper estate planning:
- Partners do not inherit automatically
- Assets usually go to relatives
- Wills and trusts are required
Parental and Child-Related Rights
When children are involved, courts focus on:
- Legal parentage
- Custody arrangements
- Child support
- Best interests of the child
Marriage status does not control parental rights.
Legal Protection Through Agreements
Unmarried couples can create protections through:
- Cohabitation agreements
- Estate planning documents
- Financial contracts
For unmarried couples, understanding these limitations is critical. Without proper planning, partners may face unexpected legal and financial challenges that could have been avoided with professional guidance.
Cohabitation Agreements: A Legal Alternative
Although Arizona does not recognize common law marriage, it does recognize cohabitation agreements as legally enforceable contracts. These agreements allow unmarried couples to clearly define their legal, financial, and property rights while living together.
A properly drafted cohabitation agreement helps prevent disputes by setting expectations in advance and protecting both partners if the relationship ends.
What Can a Cohabitation Agreement Cover?
A comprehensive cohabitation agreement may address important issues such as:
- Ownership and division of property
- Allocation of debts and liabilities
- Financial support arrangements
- Responsibility for shared expenses
- Methods for resolving disputes
- Inheritance and estate planning provisions
By clearly outlining these matters, couples can avoid confusion and costly legal conflicts in the future.
At Schill Law Group, our attorneys tailor each cohabitation agreement to reflect the client’s financial situation, long-term goals, and family needs—ensuring the document is both practical and legally sound.
What Makes a Cohabitation Agreement Valid?
For a cohabitation agreement to be legally enforceable in Arizona, it must meet specific legal requirements. Courts will only uphold agreements that are fair, clear, and properly executed.
A valid cohabitation agreement must:
- Be entered into voluntarily by both partners
- Be signed by both parties
- Contain lawful and reasonable terms
- Clearly define each person’s rights and obligations
- Include full and honest financial disclosure
- Be properly executed and notarized
Agreements that are vague, incomplete, or improperly drafted are more likely to be challenged in court. Working with an experienced attorney helps ensure your agreement is legally sound and enforceable.
What Happens If an Unmarried Couple Separates?
When an unmarried couple separates without a legal agreement in place, resolving financial and property issues can be difficult and unpredictable.
In most cases:
- Each partner keeps property in their own name
- Jointly owned assets may require legal action to divide
- Disputes often lead to civil lawsuits
- Courts have limited authority to resolve conflicts
Without clear documentation, separation can become costly and stressful. A properly drafted cohabitation agreement provides structure and reduces the risk of lengthy legal disputes.
What If We Get Married Later?
If an unmarried couple later decides to marry, their cohabitation agreement does not automatically convert into a prenuptial agreement.
In most situations:
- The existing agreement remains separate from marital contracts
- A new prenuptial agreement is usually required
- Certain terms may need to be revised or replaced
- Financial responsibilities may change after marriage
An attorney can help you review existing agreements and create a valid prenuptial contract that reflects your new marital status while protecting your assets and financial interests.
How a Family Law Attorney Can Help
Living together without being married can expose you to serious legal and financial risks—especially when property, children, or long-term investments are involved.
At Schill Law Group, our experienced Arizona family law attorneys help clients:
- Determine whether an out-of-state common law marriage is valid
- Draft strong, enforceable cohabitation agreements
- Protect property, income, and inheritance rights
- Resolve disputes efficiently
- Prepare for marriage or separation
We take a proactive approach to family law, helping you avoid costly mistakes before they happen.
Contact Schill Law Group today to schedule a confidential consultation.
Final Thoughts: Does Arizona Have Common Law Marriage?
In Arizona, living together—no matter how long—does not create a legal marriage. The state does not recognize common law marriage formed within its borders, and unmarried couples do not receive the same legal protections as married spouses.
However, valid common law marriages established in other states may still be recognized in Arizona. For couples who choose not to marry, cohabitation agreements can provide important legal and financial protection.
If you are sharing property, finances, or raising children with a partner, taking proactive legal steps now can help you avoid serious complications in the future.
Get Trusted Legal Guidance From Schill Law Group
Whether you are planning your future, protecting your assets, or facing a separation, Schill Law Group is here to help.
Call today or request your consultation online to speak with an experienced Arizona family law attorney.
Frequently Asked Questions
Is common law marriage legal in Arizona?
No, Arizona does not allow couples to create a common law marriage within the state. No matter how long you live together, you are not considered legally married without a marriage license and ceremony. This means you do not receive automatic spousal rights. Legal protections must be established through formal agreements. Consulting an attorney can help you understand your options.
Will Arizona recognize a common law marriage from another state?
Yes, Arizona may recognize a common law marriage that was legally formed in another state. The relationship must meet all legal requirements of the state where it originated. Proper documentation is often needed to prove its validity. Without proof, recognition may be challenged. A lawyer can assist in establishing your marital status.
Can I receive spousal support if we were never married?
In most cases, unmarried partners are not entitled to spousal support in Arizona. Courts generally only award alimony in legal marriages. However, financial support may be possible if it was outlined in a cohabitation agreement. Without a contract, support claims are difficult. Legal guidance is recommended.
Do unmarried couples share property in Arizona?
Unmarried couples do not automatically share property under Arizona law. Assets usually belong to the person whose name is on the title or account. Jointly owned property depends on how it was purchased and documented. Disputes can become complicated without an agreement. A cohabitation contract can clarify ownership.
Is living together considered marriage in Arizona?
No, cohabitation alone does not create a legal marriage in Arizona. Even if you live together for many years and act as spouses, the law does not recognize the relationship as marital. Legal rights only arise through formal marriage or written agreements. Planning ahead is essential to protect yourself.
