Does Living Together Equal Common Law Marriage in Massachusetts?

Do you know anyone in a relationship who's been living with their significant other for seven or more years? Have you heard of common law marriage? Does Massachusetts recognize common law marriage? There's a lot to unpack here.

Get our free mobile app

What is Common Law Marriage?

I have thought about some couples from Massachusetts who have been living together for a long time. They would joke with me and say things like "we're practically married" or "we're in a common law marriage," but are they? I've regularly heard that if a couple has been living together for seven years or more, then they're in a common-law marriage, but I didn't know for sure if that was fact or fiction.

Is Common Law Marriage a Myth or is it a Real Thing? 

According to NPR, common law marriage is fiction, myth, bogus...call it what you want. Common law marriage doesn't just automatically kick in after seven years. According to various internet sources, a common law marriage is a legally recognized marriage between two people who have not purchased a marriage license or had their marriage solemnized by a ceremony. So it has to be recognized; common law marriage doesn't just automatically happen. You can learn more by going here.

Is Common Law Marriage Allowed/Recognized by the State of Massachusetts?

Massachusetts does not allow or recognize common law marriage, no matter how long a Bay State couple has been together. They're not married until they officially get hitched. However, these couples can obtain a cohabitation agreement. According to the attorney, Alan Pransky, a cohabitation agreement is a contract made by unmarried people who live together or plan to live together to define their relationship. It's worth noting that if a couple lived in a state that recognized common law marriage before moving to Massachusetts, the Bay State will recognize them as spouses. You can check out all of the details and challenges that go along with this by going here.

Bottom Line for Massachusetts Couples

No matter where you live in Massachusetts, whether it's Boston, Worcester, Springfield, or everywhere in between, if you want to be recognized as a married couple, you need to make it official. It can be done inexpensively and quietly if that suits your fancy.