Common Law Marriage Affidavit
Both partners swear that they live together as a married couple and hold themselves out to the public as spouses, in a state that recognizes common law marriage. Frequently required by health insurance carriers, employers, and benefits plans before extending spousal coverage to a common law spouse.
Prefer to fill in by hand?
Download a blank PDF template to print and complete manually.
Download Blank TemplateCommon Law Marriage Affidavit Affidavit — Frequently Asked Questions
What states recognize common law marriage?
Only a minority of U.S. states — including Texas, Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Utah, and the District of Columbia — currently allow new common law marriages to be formed. However, all states generally recognize a common law marriage that was validly established in a state that permits them.
Do both partners need to sign a common law marriage affidavit?
Usually yes. Insurance carriers and employers typically require both partners to sign the affidavit before a Notary Public, confirming when and where the marriage began, that they live together, and that they hold themselves out publicly as spouses. Supporting documents such as joint accounts or a joint lease strengthen the affidavit.
How do I make a common law marriage affidavit affidavit legally valid?
Fill in the common law marriage affidavit affidavit, print it, and sign it in front of a Notary Public — do not sign beforehand. Bring a valid government-issued photo ID. Notaries are available at UPS Stores, banks, law offices, courthouses, and through online notarization services, and fees typically range from $2 to $25 per signature depending on your state.
Is this common law marriage affidavit affidavit template free?
Yes. You can generate a completed common law marriage affidavit affidavit PDF or download a blank printable template completely free, with no sign-up required. Your information is used only to generate the document and is not stored after the PDF is created.