Mississippi
Common Law Marriage in Mississippi: Is It Recognized? (2026)
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 1 primary source cited on this page. How we verify our legal content
Mississippi abolished the formation of new common law marriages under Miss. Code section 93-1-15, which sets the cutoff at April 5, 1956. No new common law marriage can be formed in Mississippi after that date. Common law marriages validly formed in Mississippi before that cutoff remain fully recognized, and Mississippi recognizes a valid common law marriage formed in another state.
Information last verified on June 2, 2026.
Does Mississippi recognize common law marriage?
Mississippi no longer allows couples to form a common law marriage within the state. The Mississippi Legislature enacted Miss. Code section 93-1-15, which abolished the formation of new common law marriages with a cutoff of April 5, 1956. After that date, a couple cohabiting in Mississippi, regardless of how long or how publicly they hold themselves out as married, cannot form a legally valid common law marriage under Mississippi law.
Before the 1956 statute, Mississippi recognized common law marriage under the same principles as other common law jurisdictions. A couple could become legally married without a license or ceremony by demonstrating: (1) legal capacity to marry; (2) a mutual, present agreement to be married; and (3) public cohabitation and holding out as a married couple. These elements had to be established by clear and convincing evidence.
The 1956 abolition was prospective only. Couples who satisfied all the common law requirements before the cutoff date have a fully recognized marriage that continues in force with all attendant legal rights, including inheritance rights, spousal privilege, property rights, and the right to seek alimony in divorce proceedings.
How Mississippi abolished common law marriage formation
Miss. Code section 93-1-15(1) provides that no marriage contracted after April 5, 1956 is valid unless the parties obtained a marriage license as required by law and the marriage was then solemnized by a person or organization authorized to perform it, and it makes both prerequisites mandatory rather than merely directory. The statute reflects a legislative judgment that the formal licensing process under Miss. Code section 93-1-5, which requires a marriage license issued by the circuit court clerk, is the exclusive pathway to a valid marriage in the state.
The policy reasoning mirrors that of many other states that abolished common law marriage during the twentieth century: the licensing requirement creates a clear public record, protects both parties by making the legal consequences of marriage explicit, and eliminates difficult disputes over whether a marriage was ever formed.
Because the abolition statute is prospective, subsection (2) provides that nothing in the section affects the validity of any marriage, either ceremonial or common law, contracted prior to April 5, 1956. A couple who clearly established a common law marriage in Mississippi before April 5, 1956 under the then-applicable requirements has a valid marriage that Mississippi courts continue to recognize today.
Does Mississippi recognize a common law marriage from another state?
Yes. Mississippi gives full legal effect to a common law marriage that was validly formed in another state, provided the marriage met the legal requirements of that state at the time it was created. This recognition rests on the place-of-celebration rule and the principle of comity, under which courts treat a marriage as valid if it was valid where it was contracted. Comity is not unconditional: it applies to marriages that do not conflict with Mississippi's own public policy.
In practical terms, a couple who formed a valid common law marriage in Colorado, Texas, Iowa, or any other state that currently permits common law marriage formation, and who later moved to Mississippi, retains that marital status in Mississippi. Mississippi courts treat such a couple as legally married for purposes of divorce, property division, spousal support, inheritance rights, intestate succession, and all other legal incidents of marriage.
To invoke Mississippi recognition, a party must demonstrate that the marriage met the requirements of the state where it was formed. For example, a couple asserting a Texas informal marriage under Tex. Fam. Code section 2.401 must show they agreed to be married, cohabited in Texas, and represented to others that they were married.
How to prove a common law marriage
Because a common law marriage is formed without a license or certificate, the burden of proof falls on the party asserting its existence. Mississippi courts have applied a clear and convincing evidence standard in contested proceedings. The specific elements required depend on whether the marriage is claimed to have been formed in Mississippi before 1956 or in another state under that state's law.
Evidence that courts commonly consider includes:
- Joint federal and state income tax returns filed with the couple identified as married or as husband and wife
- Joint bank accounts, joint credit accounts, or jointly titled real property
- Deeds, leases, or mortgage documents listing both parties as husband and wife
- Life insurance or retirement account beneficiary designations listing the partner as a spouse
- Affidavits from friends, family members, neighbors, coworkers, or clergy who knew the couple as married
- Social media posts, letters, or other correspondence in which the parties referred to each other as husband, wife, or spouse
- Use of a shared last name or documentation reflecting use of the other party's surname
- Birth certificates of children listing both parties as parents with the same last name
No single piece of evidence is automatically conclusive. Courts examine the totality of the circumstances to determine whether the parties genuinely agreed to be married and held themselves out as a married couple, as required by the applicable legal standard.
The 7-year myth
A persistent misconception holds that living together for seven years automatically creates a common law marriage. This is false in every jurisdiction in the United States. No state, including the states that still allow common law marriage formation, sets a minimum number of years of cohabitation as a requirement or automatic trigger.
The states that permit common law marriage formation focus on the intent and conduct of the parties: a mutual present agreement to be married, cohabitation in the state, and public representation of the relationship as a marriage. Duration of cohabitation may be relevant as circumstantial evidence of intent, but no fixed number of years creates a marriage by itself.
In Mississippi, this point is particularly clear for relationships formed after 1956: the state does not allow common law marriage formation at all after the statutory cutoff. No period of cohabitation in Mississippi, whether seven years or seventy years, creates a legal marriage after that date without a license.
How a common law marriage ends
A valid common law marriage, wherever it was formed, can only be terminated by a formal legal divorce. There is no such thing as a "common law divorce" or an informal dissolution of a marriage. Walking away from the relationship, ceasing cohabitation, dividing property informally, or announcing that the marriage is over does not end a legal marriage under Mississippi law or under the law of any state.
This rule carries significant practical consequences. A person who entered a valid pre-1956 Mississippi common law marriage, or a valid out-of-state common law marriage, and who later separated without filing for divorce is still legally married. Attempting to marry a new partner without obtaining a divorce would create a void or voidable second marriage.
Divorce proceedings to dissolve a common law marriage in Mississippi follow the same rules as any other divorce. The chancery court has jurisdiction over divorce proceedings, applies Mississippi divorce law, and can issue orders regarding property division and spousal support under Miss. Code section 93-5-23.
For context on the financial aspects of dissolving a marriage in Mississippi, see Mississippi alimony laws and Mississippi child support laws.
For a state-by-state comparison of which states recognize common law marriage, see Common law marriage by state.
Disclaimer: This page provides general legal information about common law marriage recognition in Mississippi and is not legal advice. Marriage and family law determinations are fact-specific and depend on individual circumstances, including the law of the state where any claimed common law marriage was formed. This information was verified as of June 2, 2026. Consult a licensed Mississippi family law attorney for advice about your specific situation.
Last updated: June 2, 2026.
More Mississippi Laws
Frequently Asked Questions
Does Mississippi recognize common law marriage?
Mississippi no longer allows new common law marriages to be formed within the state. Under Miss. Code section 93-1-15, the formation of new common law marriages was abolished for marriages contracted after April 5, 1956. Common law marriages validly formed in Mississippi before that date remain fully recognized. Mississippi also recognizes valid common law marriages formed in other states.
What is the cutoff date for common law marriage in Mississippi?
The cutoff date is April 5, 1956. Miss. Code section 93-1-15 provides that a marriage contracted after April 5, 1956 is valid only if the parties obtained a license and the marriage was solemnized, and that nothing in the section affects the validity of a ceremonial or common law marriage contracted prior to that date. A common law marriage formed in Mississippi before April 5, 1956 under the then-applicable requirements remains legally valid, and no common law marriage can be formed in the state after that date.
How long do you have to live together to be common law married in Mississippi?
There is no minimum time period, and for relationships beginning after 1956, cohabitation in Mississippi cannot create a common law marriage at all. Before the 1956 abolition, Mississippi required a present agreement to be married, cohabitation, and public holding out as a married couple, not any specific number of years together. The idea that seven years of cohabitation automatically creates a common law marriage is a myth with no basis in Mississippi law.
Does Mississippi recognize a common law marriage from another state?
Yes. Mississippi recognizes a valid common law marriage formed in any state that allows such marriages, provided the couple met that state's requirements when the marriage was created. This follows the place-of-celebration rule and the principle of comity, under which a marriage valid where it was contracted is treated as valid in Mississippi. A couple who formed a valid common law marriage in Colorado, Texas, Iowa, or another permitting state retains that marital status in Mississippi.
How do you end a common law marriage in Mississippi?
A common law marriage, whether formed in Mississippi before 1956 or validly formed in another state, ends only through a formal divorce or the death of a spouse. There is no common law divorce. A couple with a valid common law marriage must obtain a divorce decree from a Mississippi chancery court to legally end the marriage. Simply separating or stopping cohabitation does not dissolve the marriage.
What evidence proves a common law marriage in Mississippi?
Mississippi courts apply a clear and convincing evidence standard. Evidence commonly used includes joint tax returns filed as married, joint bank or credit accounts, property deeds listing both parties as spouses, life insurance beneficiary designations naming a spouse, and affidavits from people who knew the couple as married. Courts examine the totality of the circumstances; no single document is automatically conclusive.
Which states still allow common law marriage that Mississippi would recognize?
As of 2026, states that still allow new common law marriages to be formed include Colorado, Iowa, Kansas, Montana, Oklahoma (with some contested recognition), Rhode Island, Texas (called informal marriage under Tex. Fam. Code section 2.401), and Utah (which requires a court order). The District of Columbia also recognizes common law marriage. A marriage validly formed in any of those jurisdictions will be recognized in Mississippi.
Updates
Corrected the Mississippi common law marriage cutoff to the exact statutory date of April 5, 1956 and removed the incorrect statement that out-of-state common law marriages are recognized under the Full Faith and Credit Clause.
Repaired three Mississippi Code citation links (93-1-15, 93-1-5, 93-5-23) that were dead or pointed to a shared page.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Mississippi Code of 1972 Annotated
§ 93-1-15License and solemnization required for valid marriage.In force
(1) No marriage contracted after April 5, 1956 shall be valid unless the contracting parties shall have obtained a marriage license as otherwise required by law, and unless also the marriage, after such license shall have been duly issued therefor, shall have been performed by or before any person,…
Official text (excerpt) · last checked 2020-07-08 · Read the full text in our law library
Cited in 19 court opinions in our collectionLatest citing opinion in our collection: 2019
Opinions citing this section in our collection:
- Pickens v. Pickens (Mississippi Supreme Court 1986, 490 So. 2d 872)“…ineffective to vest marital rights in either party thereto. Miss. Code Ann. § 93-1-15 (1972). In consequence of this law, we…”
- Davis v. Davis (Mississippi Supreme Court 1994, 643 So. 2d 931)“…lature abolished common law marriage in 1956, providing in Miss. Code Ann. § 93-1-15 (1) (1972) that: No marriage contract…”
- Carlisle v. Allen (Mississippi Supreme Court 2010, 40 So. 3d 1252)“…ory, shall render the purported marriage absolutely void. Miss.Code Ann. § 93-1-15(1) (Rev.2004) (emphasis added). This st…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 93-1-5Conditions precedent to issuance of license; penalty for noncompliance.In force
(1) Every male who is at least seventeen (17) years old and every female who is at least fifteen (15) years old shall be capable in law of contracting marriage.…
Official text (excerpt) · last checked 2020-07-08 · Read the full text in our law library
Cited in 7 court opinions in our collectionLatest citing opinion in our collection: 2021
Opinions citing this section in our collection:
- R.B. ex rel. V.D. v. State (Mississippi Supreme Court 2001, 790 So. 2d 830)“…persons standing in loco parentis may give consent. See Miss.Code Ann. § 93-1-5 (1994) (obtaining marriage licenses);…”
- Czekala-Chatham v. State ex rel. Hood (Mississippi Supreme Court 2015, 212 So. 3d 787)“…equisite for a marriage license in Mississippi. *795 See Miss.Code Ann. § 93-1-5 (Rev.2013). Mississippi issues marriage…”
- RB Ex Rel. VD v. State (Mississippi Supreme Court 2001, 790 So. 2d 830)“…persons standing in loco parentis may give consent. See Miss.Code Ann. § 93-1-5 (1994) (obtaining marriage licenses);…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 93-5-23Custody of children; alimony; effect of military duty on custody and visitation.In forcecited in 2 of our articles
When a divorce shall be decreed from the bonds of matrimony, the court may, in its discretion, having regard to the circumstances of the parties and the nature of the case, as may seem equitable and just, make all orders touching the care, custody and maintenance of the children of the marriage,…
Official text (excerpt) · last checked 2020-07-08 · Read the full text in our law library
Cited in 163 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Ferguson v. Ferguson (Mississippi Supreme Court 1994, 639 So. 2d 921)“…irness undergird this authority. That duty was codified in Miss. Code Ann. § 93-5-23 (Supp. 1993) as follows: [5] When a…”
- Saliba v. Saliba (Mississippi Supreme Court 2000, 753 So. 2d 1095)“…f 1942 [5] (and what is now part of the first paragraph of Miss.Code Ann. § 93-5-23 (Supp.1999)), the Court recited the tri…”
- Rogers v. Morin (Mississippi Supreme Court 2001, 791 So. 2d 815)“…l abuse allegations. He found that this was consistent with Miss. Code Ann. § 93-5-23 which provides, in pertinent part, as…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Mississippi Alimony Laws: How Spousal Support Works (2026)
Texas Family Code
§ 2.401PROOF OF INFORMAL MARRIAGEIn forcecited in 23 of our articles
(a) In a judicial, administrative, or other proceeding, the marriage of a man and woman may be proved by evidence that: (1) a declaration of their marriage has been signed as provided by this subchapter; or (2) the man and woman agreed to be married and after the agreement they lived together in this state as husband and wife and there represented to others that they were married. (b) If a proceeding in which a marriage is to be proved as provided by Subsection (a)(2) is not commenced before the second anniversary of the date on which the parties separated and ceased living together, it is rebuttably presumed that the parties did not enter into an agreement to be married. (c) A person under 18 years of age may not: (1) be a party to an informal marriage; or (2) execute a declaration of informal marriage under Section 2.402. (d) A person may not be a party to an informal marriage or execute a declaration of an informal marriage if the person is presently married to a person who is not the other party to the informal marriage or declaration of an informal marriage, as applicable.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
Cited in 98 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Joplin v. Borusheski (2008) applied section 2.401(b): a suit filed over two years after separation raises a rebuttable presumption the parties never agreed to marry, which that proponent did not rebut. In Lan Ngoc Nguyen v. Dinh Duc Nguyen (2011) the 2.401(d) prior-marriage impediment was not proved, and that finding was reversed.
Opinions citing this section in our collection:
- Lan Ngoc Nguyen v. Dinh Duc Nguyen (Texas Court of Appeals, 1st District (Houston) 2011, 355 S.W.3d 82)✓A husband fought his wife's divorce petition by claiming an earlier Vietnamese marriage was an impediment under Section 2.401(d); the court found the proof of that prior marriage factually insufficient and remanded to decide the statute's three informal-marriage elements.
- Assoun v. Gustafson (Court of Appeals of Texas 2016, 493 S.W.3d 156)✓An ex-husband sued to have his former wife declared informally married to her boyfriend, ending his alimony; applying Section 2.401(a), the court affirmed summary judgment for the couple because their sworn denials of any agreement to marry defeated his circumstantial proof.
- Joplin v. Borusheski (Texas Court of Appeals, 5th District (Dallas) 2008, 244 S.W.3d 607)✓A man filed for divorce in 2005 claiming a common-law marriage, more than two years after the couple stopped living together; the court applied Section 2.401(b)'s rebuttable presumption of no agreement to marry and held his testimony failed to rebut it.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Common Law Marriage by State: Where It's Recognized (2026), Common Law Marriage in Arizona: Is It Recognized? (2026), Common Law Marriage in Delaware: Is It Recognized? (2026)
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Miss. Code section 93-1-15(law.justia.com)
- Miss. Code section 93-1-5(law.justia.com)
- U.S. Const. Art. IV sec. 1 (Full Faith and Credit Clause)(law.cornell.edu)
- Tex. Fam. Code section 2.401(statutes.capitol.texas.gov)
- Common Law Marriage(law.cornell.edu)
- Mississippi Code section 93-5-23, Alimony; award by court. Mississippi Legislature(law.justia.com)
- Colorado Revised Statutes section 14-2-109.5, Common law marriages. Colorado General Assembly(leg.colorado.gov).gov
- Miss. Code Ann. section 93-1-15, License and solemnization required for valid marriage (official Mississippi Code Annotated, Title 93)(archive.org)