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Common Law Marriage in Ohio

Ohio abolished common law marriage on October 10, 1991, and marriages formed in Ohio before that date and valid marriages formed in other states remain valid.

Last checked . General information, not legal advice.

Ohio at a glance

New common law marriages allowed
No, abolished
Ohio common law marriages formed before October 10, 1991 remain valid.
Cutoff date
October 10, 1991
Common law marriages formed in Ohio before this date remain valid unless ended by death, divorce, dissolution or annulment.
Requirements
Before 1991: present agreement, cohabitation, reputation
For marriages before the cutoff, SSA describes the elements as a mutual present agreement to marry, cohabitation, and reputation as spouses, proved by clear and convincing evidence.

Sources

Last checked

The rules in Ohio

Can a couple form a common law marriage in Ohio today?

No, abolished. New common law marriages allowed in Ohio: no, abolished. Ohio common law marriages formed before October 10, 1991 remain valid.

When did Ohio stop recognizing new common law marriages?

Cutoff date in Ohio: October 10, 1991. Common law marriages formed in Ohio before this date remain valid unless ended by death, divorce, dissolution or annulment.

What are the requirements for a common law marriage in Ohio?

Requirements in Ohio: Before 1991: present agreement, cohabitation, reputation. For marriages before the cutoff, SSA describes the elements as a mutual present agreement to marry, cohabitation, and reputation as spouses, proved by clear and convincing evidence.

Where do the Ohio common law marriage laws come from?

The rules above come from Ohio Rev. Code 3105.12. Each source is linked on this page. We last checked them in October 2026.

Good to know

Ohio recognizes common law marriages formed in another state or nation that allows them, if not ended and not otherwise invalid under Ohio law (Ohio Rev. Code 3105.12(B)(3)).

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.