Common Law Marriage in Arizona: The Real Rules

Arizona does not have common law marriage: no amount of cohabitation, shared bills, or "introducing each other as spouses" creates a marriage here. Under A.R.S. § 25-111, a valid Arizona marriage requires a license and solemnization. But there's a critical asterisk — Arizona recognizes common law marriages validly formed in states that allow them, and that distinction decides real cases about property, inheritance, and benefits.

The Arizona Rule

Live together in Arizona for one year or thirty, share accounts, raise children — you are legally single here. There is no duration that converts cohabitation into marriage. When unmarried Arizona couples separate, there is no community property to divide, no spousal maintenance, and no inheritance rights without a will. Each person keeps what's titled to them, which regularly produces harsh results for a partner who spent years contributing to a house in the other's name.

The Recognition Exception

A handful of states — Colorado, Texas, and others — still permit common law marriage. If a couple validly formed one there (the requirements are that state's: typically agreement to be married, cohabitation, and holding out as spouses), Arizona treats them as married when they move here. That means an Arizona divorce with full community property rights when it ends, and full spousal inheritance rights when one dies. These cases turn into evidence fights about what happened in the other state years ago: joint tax returns filed as married, insurance designations, testimony about how the couple presented themselves.

Protecting Yourself Without Marriage

For unmarried Arizona couples, the law offers no default safety net — so the protection is paperwork: cohabitation agreements addressing property and support, joint title where joint ownership is intended, beneficiary designations, and wills or trusts (an unmarried partner inherits nothing by default). Couples who register as domestic partners in some Arizona cities gain limited local rights, not marital ones. And where children are involved, custody and support law applies fully regardless of marital status — see our paternity practice.

Where These Cases Show Up

Three recurring scenarios: a couple moves from Texas and separates in Phoenix — was there a Texas common law marriage, and thus an Arizona divorce with property division? A long-term partner dies without a will — can the survivor establish an out-of-state marriage to inherit? And unmarried separations where one partner seeks a share of jointly built assets through non-marital theories. Each turns on evidence and moves fast once positions harden. Our family law team handles both sides, including the community property consequences when a marriage is established. Free case evaluation or (602) 903-6000.

Frequently Asked Questions

How long do you have to live together to be common law married in Arizona?

Forever wouldn't do it — Arizona doesn't create common law marriages at any duration. The seven-year figure people cite is folklore in every state.

Does Arizona recognize common law marriage from another state?

Yes. A common law marriage validly formed in a state that permits them is a real marriage in Arizona, with full divorce and inheritance consequences.

What happens when unmarried couples separate in Arizona?

No community property, no spousal maintenance — each keeps what's titled to them, subject to ordinary contract and ownership claims. Children's custody and support are unaffected by marital status.

Does my long-term partner inherit if I die without a will in Arizona?

No. Unmarried partners have no intestate inheritance rights here. A will, trust, and beneficiary designations are the only protection.

Where to get help

If this situation applies to you, Hirsch Talcott offers a free consultation — speak with a Phoenix divorce lawyer to understand your options.