Common Law Marriage - Utah

Utah has codified the requirments for a common law marriaage, validating a marriage that was "not solemnized." Section 30-1-4.5 is stated below.
However, if you are living together, at a minimum you must have a cohabitation agreement, which you could draft yourself with easy-to-use software like that offered by Standard Legal .

do it yourself Life Partner Cohabitation Agreements software from Standard Legal

Utah Law

Section 30-1-4.5 of the Utah Code states:


"(1) A marriage which is not solemnized according to this chapter shall be legal and valid if a court or administrative order establishes that it arises out of a contract between a man and a woman who:

   (a) are of legal age and capable of giving consent;

   (b) are legally capable of entering a solemnized marriage under the provisions of this chapter;

   (c) have cohabited;

   (d) mutually assume marital rights, duties, and obligations; and

   (e) who hold themselves out as and have acquired a uniform and general reputation as husband and wife.

(2) The determination or establishment of a marriage under this section must occur during the relationship described in Subsection (1), or within one year following the termination of that relationship. Evidence of a marriage recognizable under this section may be manifested in any form, and may be proved under the same general rules of evidence as facts in other cases."

(Utah Code Ann. § 30-1-4.5 (2008)).

For the long term, couples living together should consider a Living Will, Living Trust or simple Will. You don’t have to hire an attorney if you’re the average American. There are attorney-supervised services, such as Legal Zoom, who will prepare these more complex documents for you, and you can save up to 85% from regular attorney’s fees.


Common law marriage is still recognized in the following states and Washington D.C.:


(Click on any link to see the common law requirements for that state.)