Does New Hampshire Recognize Common Law Marriage?

Updated October 13, 2026 · 1 min read · 1 sources

Short answer

Only in limited situations. New Hampshire does not recognize common law marriage while both partners are alive, but a surviving partner may be treated as a spouse for inheritance if the couple cohabited and held themselves out as married for at least 3 years before a death.

A common law marriage is a marriage created without a license or ceremony, by a couple who agree to be married, live together and present themselves as married. Only a minority of states still allow them.

At a glance

Question Answer
Does New Hampshire recognize it? Only in limited situations
Details New Hampshire does not recognize common law marriage while both partners are alive, but a surviving partner may be treated as a spouse for inheritance if the couple cohabited and held themselves out as married for at least 3 years before a death.
Legal source N.H. Rev. Stat. § 457:39

How a common law marriage is usually proven

  • Evidence that both partners agreed to be married
  • Living together as spouses
  • Holding yourselves out as married: same last name, joint tax returns, insurance or bank accounts listing a spouse, and how friends and family know you

Disputes often arise after a breakup or a death, when one partner claims a marriage existed and the other side, or the other heirs, deny it. Clear documents help either way.

Couples who move between states

A common law marriage validly formed in a state that allows it is generally treated as a real marriage elsewhere, which means a divorce is needed to end it. If you lived in a state that recognizes common law marriage, get advice on whether a marriage may have been formed there.

More: how to file for divorce, legal separation vs. divorce and New Hampshire divorce residency requirements. Inheritance questions are covered in what happens if you die without a will. A family lawyer can assess your situation.

Sources

  1. RecordingLaw: Common law marriage by state

This page summarizes state law for general information and is not legal advice. Laws change and courts interpret them; check the current statute or official source, or talk to a licensed attorney in your state about your situation.

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Common law marriage in other states