Does Florida Recognize Common Law Marriage? Everything You Need to Know

By: Christopher Mulligan

Did you know living together doesn’t always mean you’re legally married?

Many couples in Florida think that if they live together long enough, the law will treat them like they’re married. 

But here’s the truth—Florida doesn’t recognize common law marriage unless it was created before 1968 or in another state that allows it. 

That means that without legal marriage, couples may lose important rights, such as the ability to make medical decisions for each other or inherit property.

Living together, sharing bills, and even raising children does not create a legal marriage in Florida. 

The state will only recognize common-law marriages that were legally established in other states before couples moved to Florida.

Unmarried couples in Florida face unique challenges regarding property rights and legal protections. 

Without proper legal documentation, partners may struggle to claim inheritance rights or make medical decisions for each other.

Key Takeaways

• Florida stopped recognizing new common law marriages in 1968 but honors valid common law marriages from other states.
• Cohabiting couples have no automatic legal rights to shared property or assets in Florida.
• Unmarried partners can protect their rights through legal documents like wills, powers of attorney, and cohabitation agreements.

What Is Common Law Marriage?

Common law marriage lets couples become legally married without a ceremony or license by living together and acting married. This union type has existed for centuries but is now only recognized in a few U.S. states.

A common law marriage is a union between two people living together without a formal ceremony or marriage license. The couple must present themselves as married to friends, family, and the community.

To establish a common law marriage in states that allow it, couples typically need to:

• Live together for a significant time
• Both have the legal ability to marry
• Present themselves as a married couple
• Share financial responsibilities
• Use the same last name (in some cases)

Historical Background and Evolution

Common law marriage began in medieval England, when access to religious ceremonies was difficult. The practice came to America with English settlers and became widespread in rural areas where traveling to officials was difficult.

Many states started ending common-law marriage in the late 1800s. The trend continued through the 1900s as record-keeping improved and formal marriages became easier to obtain.

Differences Between Common Law and Formal Marriage

Common law marriages differ from formal marriages in several key ways:

Registration and Documentation

• Formal marriage requires a license and a ceremony
• Common law has no official paperwork at the start
• Both types need court involvement to end

Legal Recognition

• Formal marriages are recognized everywhere
• Common law marriages are only valid in some places
• Property rights can be harder to prove in common law

Does Florida Recognize Common Law Marriage? 

Florida has strict rules about common-law marriage. With only a few specific exceptions, the state stopped recognizing new common-law marriages after January 1, 1968.

Florida’s Legal History on Common Law Marriage

Common law marriages in Florida were legal and valid before January 1, 1968. Couples who established their common law marriage before this date still have their union recognized by the state.

The state ended this practice through Florida Statute §741.211, invalidating all future common-law marriages.

Current Legal Position in Florida

Florida does not recognize new common-law marriages. Living together, sharing bills, or having children does not create a legal marriage in the state.

Couples must obtain a marriage license and have a formal ceremony to legally marry in Florida.

The only exceptions are:

• Common law marriages established before 1968
• Valid common-law marriages from other states

Recognition of Out-of-State Common Law Marriages

Florida respects common-law marriages that were legally established in other states. This follows the legal principle of comity, which means states honor valid marriages from other jurisdictions.

If a couple formed a valid common law marriage in a state that allows it, Florida will recognize their marriage.

Implications for Florida Residents

Unmarried couples who live together in Florida have no automatic legal rights as spouses. This affects:

• Property rights
• Inheritance
• Medical decisions
• Social Security benefits

To protect their rights, unmarried couples should consider:

• Getting legally married
• Creating a domestic partnership agreement
• Making wills and healthcare directives
• Setting up joint property ownership agreements

Wondering how Florida’s common law marriage laws impact your rights? Contact Mulligan & Associates today for trusted family law advice and protect your future together.

Legal Rights of Unmarried Couples in Florida

Unmarried couples in Florida need to take specific legal steps to protect their rights since they lack many automatic protections that married couples receive. Florida does not recognize common law marriages formed after January 1, 1968.

Property Rights and Ownership Issues

Unmarried couples have no automatic rights to share property in Florida. Each person owns only what is in their name. For shared property, couples must keep clear records of contributions and payments.

Joint property ownership requires specific legal documentation:

• Property deeds listing both names
• Written agreements for shared purchases
• Bank accounts with both names
• Clear records of who pays for maintenance and improvements

Partners should create a cohabitation agreement that details:

• Property division if the relationship ends
• How to handle shared debts
• Rights to stay in a shared home
• Division of personal property

Inheritance Rights and Estate Planning

Without proper estate planning, unmarried partners have no inheritance rights in Florida. The deceased partner’s assets will go to their legal next of kin, not their partner.

Essential estate planning documents include:

• Will or trust: Names partner as beneficiary
• Living will: States end-of-life care wishes
• Durable power of attorney: Gives partner financial authority
• Transfer on death designations: For bank accounts and vehicles

Life insurance policies with the partner named as beneficiary can provide additional protection.

Healthcare Decision-Making and Surrogate Authority

Florida law does not automatically grant unmarried partners the right to make medical decisions. Partners need specific legal documents to ensure medical access and authority.

Required healthcare documents:

• Healthcare power of attorney: Grants medical decision authority
• HIPAA authorization: Allows access to medical information
• Hospital visitation authorization: Ensures partner can visit

These documents must be properly signed and notarized to be valid in medical situations.

Financial, Tax, and Social Benefits

Unmarried couples miss out on many automatic benefits that married couples receive. They cannot:

• File joint tax returns
• Receive partner’s Social Security benefits
• Automatically inherit pension benefits
• Share health insurance (unless the employer allows)

To protect financial interests, partners should:

• Create detailed financial agreements
• Keep separate credit histories
• Document shared expenses and assets
• Name each other as beneficiaries where allowed

How to Protect Your Relationship Legally

Since Florida does not recognize common-law marriages, unmarried couples need legal documents to protect their rights and assets. Several key legal tools can provide important protections and peace of mind.

Drafting a Cohabitation Agreement

A cohabitation agreement is a legal contract similar to a prenuptial agreement for unmarried couples. 

It spells out each partner’s rights and responsibilities regarding property, finances, and living arrangements.

Key elements to include:

• Division of shared property and assets
• Bill payment responsibilities
• Rent or mortgage contributions
• Pet ownership
• Dispute resolution process

The agreement must be in writing and signed by both parties. Before signing, each party should have their own attorney review the document to ensure their interests are protected.

Estate Planning Strategies for Unmarried Couples

Without proper estate planning, unmarried partners have no inheritance rights in Florida. Creating a comprehensive estate plan is essential.

Important documents to prepare:

• Will: Names your partner as beneficiary
• Living Trust: Avoids probate and ensures quick asset transfer
• Life Insurance: Provides financial security
• Joint Property Ownership: Creates rights of survivorship
• Beneficiary Designations: Updates retirement accounts and insurance policies

Each partner should maintain separate estate planning documents that clearly state their wishes.

Establishing Durable Power of Attorney

A durable power of attorney gives your partner legal authority to handle financial and legal matters if you become incapacitated.

This document allows your partner to:

• Access bank accounts
• Pay bills
• Make investment decisions
• Handle tax matters
• Deal with insurance claims
• Manage property

The power of attorney must be executed appropriately and notarized to be valid in Florida.

Additional Legal Documents and Best Practices

Medical directives ensure your partner can make healthcare decisions if needed.

Essential medical documents include:

• Healthcare surrogate designation
• Living will
• HIPAA authorization forms

Keep important records organized:

• Joint bank account statements
• Property deeds
• Insurance policies
• Investment accounts
• Vehicle titles

Review and update all legal documents every 3-5 years or after major life changes.

Confused about cohabitation agreements or estate planning? Mulligan & Associates can help you secure your rights and avoid legal pitfalls. Schedule a consultation today!

Steps to Take If a Common Law Partner Passes Away or Separates

Taking the right legal steps after a common-law partner’s death or separation helps protect your rights and interests. 

These situations require careful documentation and often legal assistance to resolve matters like property division and inheritance claims.

Legal Procedures Following a Partner’s Death

Proving common law marriage after death requires gathering specific evidence. This can include joint bank statements, shared property deeds, and documents showing the couple presented themselves as married.

Keep these important documents ready:

• Photos of shared life events
• Joint tax returns
• Insurance policies naming each other as beneficiaries
• Affidavits from friends and family
• Shared lease or mortgage documents

The surviving partner should contact a probate attorney immediately. Legal representation helps navigate inheritance claims and property rights.

Handling Property Division and Inheritance Disputes

Property division becomes complex without a formal marriage certificate. Partners must carefully document their ownership of shared assets.

Important steps include:

• Creating an inventory of jointly owned property
• Gathering proof of financial contributions
• Documenting shared household expenses
• Collecting evidence of joint purchases

Common law marriage rights vary by state. Florida only recognizes common law marriages established before 1968 or from other states where they were valid.

Steps for an Amicable Separation

A clean separation requires clear communication and a fair division of assets. Partners should create a written separation agreement.

Key elements to address:

• Division of shared property
• Allocation of debts
• Living arrangements
• Pet custody
• Vehicle ownership

Consider mediation to resolve disputes peacefully. This saves money and reduces stress compared to court battles.

Updating Legal Documents Post-Separation

After separation, partners must update their legal paperwork promptly. This prevents future complications.

Documents to revise include:

• Wills and trusts
• Life insurance beneficiaries
• Medical directives
• Power of attorney forms
• Bank account authorizations

Remove ex-partner’s name from:

• Utility bills
• Credit cards
• Rental agreements
• Vehicle registrations

Contact relevant institutions to update contact information and beneficiary designations.

Consulting a Family Law Attorney for Protection

Legal guidance helps unmarried couples protect their rights and create binding agreements that safeguard their interests.

When to Seek Legal Advice

Unmarried couples should consult an attorney before moving in together or making major joint purchases. This protects both parties’ financial interests from the start.

Legal consultation becomes vital when sharing property, opening joint accounts, or having children together.

Seek legal help immediately if your relationship faces challenges or you need to divide shared assets.

Key Questions to Ask a Family Law Attorney

Important Questions for Initial Consultation:

• What legal documents protect unmarried couples?
• How can we structure property ownership?
• What rights do I have regarding shared assets?
• What happens to joint debts if we separate?

Ask about fees, timelines, and the attorney’s experience with unmarried couples’ rights.

How an Attorney Can Safeguard Your Interests

A family law attorney can draft legally binding agreements to protect both partners.

Key Legal Documents:

• Cohabitation agreements
• Property ownership contracts
• Estate planning documents
• Power of attorney arrangements

These documents establish clear rights and responsibilities for both parties.

An attorney ensures all agreements comply with Florida law and are enforceable in court.

Finding a Qualified Family Law Attorney in Florida

Look for attorneys with specific experience in unmarried couples’ rights and Florida family law.

Qualities to Consider:

• Years of experience
• Focus on family law
• Knowledge of cohabitation agreements
• Strong track record

Ask for referrals from other professionals or contact the Florida Bar Association for recommendations.

Schedule consultations with 2-3 attorneys to find the best fit for your needs.

Don’t leave your relationship’s legal future to chance. Mulligan & Associates specializes in family law solutions that protect what matters most—reach out now for personalized guidance.

Frequently Asked Questions

Does Florida recognize common-law marriage?

No, Florida does not recognize new common law marriages formed after January 1, 1968. However, if a couple legally establishes a common law marriage in a state that allows it, Florida will honor that union under the Full Faith and Credit Clause.

What states recognize common law marriage that Florida will honor?

Florida recognizes common law marriages legally established in states that allow them, including Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas, and Washington D.C. If a couple was legally common law married in one of these states before moving to Florida, their marriage remains valid.

Do unmarried couples have legal rights in Florida?

Unmarried couples in Florida do not automatically have the same legal rights as married couples. However, they can protect their rights through legal tools such as cohabitation agreements, estate planning, durable power of attorney, and advance healthcare directives.

How can unmarried couples protect their rights in Florida?

Unmarried couples can safeguard their relationship by creating a cohabitation agreement, drafting wills to manage inheritance, assigning power of attorney for financial and medical decisions, and establishing an advance healthcare directive to handle medical emergencies.

Can unmarried partners inherit property in Florida?

No, unless specifically named in a will or as a beneficiary, unmarried partners in Florida do not have automatic inheritance rights. To ensure a partner inherits property, it’s essential to have a legally binding estate plan.

What happens if a common law partner dies in Florida?

If a common-law partner dies without proper legal documents, the surviving partner may not inherit any assets. To protect the surviving partner, it is crucial to have a will, trust, or be listed as a beneficiary on accounts.

Is cohabitation legal in Florida for unmarried couples?

Yes, cohabitation is legal in Florida. A law that once prohibited unmarried couples from living together was repealed in 2016, making it legal for partners to cohabitate without marriage.