Skip to content
Oakclause

Common Law Marriage in New Hampshire

New Hampshire recognizes a common law marriage only after one partner dies, if the couple lived together, acknowledged each other as spouses and were generally reputed to be married for 3 years.

Last checked . General information, not legal advice.

New Hampshire at a glance

New common law marriages allowed
Only after a partner's death
Cutoff date
Not applicable (limited statutory rule)
Requirements
3 years cohabiting and reputed as spouses, until death
The rule applies only when one partner dies; it does not create a marriage that can be used while both are alive.

Sources

Last checked

The rules in New Hampshire

Can a couple form a common law marriage in New Hampshire today?

Only after a partner's death. New common law marriages allowed in New Hampshire: only after a partner's death.

When did New Hampshire stop recognizing new common law marriages?

Cutoff date in New Hampshire: Not applicable (limited statutory rule).

What are the requirements for a common law marriage in New Hampshire?

Requirements in New Hampshire: 3 years cohabiting and reputed as spouses, until death. The rule applies only when one partner dies; it does not create a marriage that can be used while both are alive.

Where do the New Hampshire common law marriage laws come from?

The rules above come from N.H. Rev. Stat. 457:39. Each source is linked on this page. We last checked them in October 2026.

Good to know

Outside this statute, New Hampshire courts do not recognize common law marriage.

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.