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Common Law Marriage in Utah

Utah lets a court validate an unsolemnized marriage that meets five requirements, but petitions are only allowed before May 5, 2027.

Last checked . General information, not legal advice.

Utah at a glance

New common law marriages allowed
Only by court order, until 2027
A court order validating the marriage is required; the petition must be filed during the relationship or within one year after it ends.
Cutoff date
May 5, 2027 (no new petitions from then)
Set by a 2026 amendment to Utah Code 81-2-408, effective May 6, 2026.
Requirements
Capacity, cohabitation, marital duties, reputation as spouses
Legal age and consent, capacity to marry, cohabitation, mutual marital rights and duties, and a general reputation as spouses.

Sources

Last checked

The rules in Utah

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

Only by court order, until 2027. New common law marriages allowed in Utah: only by court order, until 2027. A court order validating the marriage is required; the petition must be filed during the relationship or within one year after it ends.

When did Utah stop recognizing new common law marriages?

Cutoff date in Utah: May 5, 2027 (no new petitions from then). Set by a 2026 amendment to Utah Code 81-2-408, effective May 6, 2026.

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

Requirements in Utah: Capacity, cohabitation, marital duties, reputation as spouses. Legal age and consent, capacity to marry, cohabitation, mutual marital rights and duties, and a general reputation as spouses.

Where do the Utah common law marriage laws come from?

The rules above come from Utah Code 81-2-408. Each source is linked on this page. We last checked them in October 2026.

Good to know

The 2026 General Session (Chapter 347) amended the section, effective May 6, 2026, to bar new petitions on and after May 5, 2027.

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.