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Common Law Marriage in the District of Columbia

The District of Columbia recognizes common law marriage, formed by cohabitation as spouses after an express mutual agreement to be married in words of the present tense.

Last checked . General information, not legal advice.

District of Columbia at a glance

New common law marriages allowed
Yes
Cutoff date
Not abolished
Requirements
Present-tense agreement to marry, cohabitation
Courts require cohabitation as spouses following an express mutual agreement in words of the present tense, and closely scrutinize such claims.

The rules in the District of Columbia

Can a couple form a common law marriage in the District of Columbia today?

Yes. New common law marriages allowed in the District of Columbia: yes.

When did District of Columbia stop recognizing new common law marriages?

Cutoff date in the District of Columbia: Not abolished.

What are the requirements for a common law marriage in the District of Columbia?

Requirements in the District of Columbia: Present-tense agreement to marry, cohabitation. Courts require cohabitation as spouses following an express mutual agreement in words of the present tense, and closely scrutinize such claims.

Where do the the District of Columbia common law marriage laws come from?

The rules above come from East v. East, 536 A.2d 1103 (D.C. 1988) and Coates v. Watts, 622 A.2d 25 (D.C. 1993). Each source is linked on this page. We last checked them in October 2026.

Good to know

The rule comes from case law: DC courts have recognized common law marriage since Hoage v. Murch Bros. Construction Co. (1931).

What this means in practice

Living together for a long time does not by itself create a marriage. Where common law marriage is allowed, the key question is usually whether both partners agreed to be married and acted that way in public, for example by using the same last name, filing joint tax returns or calling each other husband or wife.

A valid common law marriage can only be ended by divorce or death, just like a licensed marriage. There is no informal way to undo it by moving out. The question of whether a marriage existed often comes up later, in a divorce, an inheritance dispute or a claim for spousal benefits.

Couples who want clear proof of their status can sign a written declaration or affidavit of marriage where state law provides for one, or simply obtain a marriage license. Couples who live together and do not want to be married can sign a cohabitation agreement that sets out how property and expenses are handled.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.