Is there common law marriage in Florida?


A “common law marriage” is one in which the parties may hold themselves out as a husband and wife, and under certain circumstances, be deemed married without a marriage license or ceremony. Florida doesn't have a common law marriage, however Florida does recognize common law marriages that occurred in other states.


David: Hi, Tom. I've got a question. I've got a live-in girlfriend. We've been in a relationship for seven years. We're not married, no joint bank account. I've actually purchased everything we've had during this relationship. I think the relationship is going to come to an end. Is she entitled to anything? I've heard the phrase common law thrown out there a few times, but is she entitled to any known property if we weren't married?

Attorney Tom Olsen: David, there is no common law marriage in the State of Florida. If the only place you guys have been living together is Florida, then you're not married, but if prior to living in Florida, you were living in another state for a period of time, well, maybe they got common law marriage and you're married under that other state's laws.

David: Okay. No, it's all Florida.

Attorney Tom Olsen: Okay. No common law marriage here in the State of Florida, David. Could not be more clear.

David: Thank you, sir.

Attorney Tom Olsen: All right.

David: You saved me. Have a great day.

Attorney Tom Olsen: Enjoy your day. Bye-bye.