Does Utah recognize common-law marriage, and how do I prove it?: 10 Quick Questions Answered

Yes, but with clear limits. Utah doesn’t recognize “automatic” common-law marriages based on living together for a certain number of years. Instead, courts can declare you legally married without a marriage license if you meet all requirements under Utah Code § 30-1-4.5. This is commonly called a “marriage by court order” and must be granted by a Utah judge or commissioner.

Utah courts look for these things to grant a common-law marriage:

• You are both legally able to marry (not married to someone else, old enough, etc.)
• You live together as if married
• You both agree (consent) you are married
• You hold yourselves out as married — telling others, sharing finances, etc.
• You do this in Utah — or at least while you both live in Utah

All these requirements must be proven in court per Utah Code § 30-1-4.5.

You’ll need strong proof for the judge. Helpful evidence can include:

• Shared leases or property titles (in Salt Lake or Ogden, this might mean joint names on a mortgage)
• Statements to friends, family, employers, or on social media calling each other spouse
• Joint bank accounts, tax returns, or insurance policies
• Testimony from people who know your relationship
• Proof you acted as a married couple (holidays, major life events, etc.)

Every case is unique, and judges weigh everything to decide.

To get a legal order recognizing a common-law marriage in Utah, you must file a petition (court request) in district court. Here are the basic steps:

1. Fill out the proper Utah court forms (available on Utah Courts)
2. Gather documents and witnesses supporting your case
3. File the petition in the appropriate county (for example, 3rd District for Salt Lake County residents)
4. Attend a court hearing, where a judge will review your evidence and ask questions
5. Receive the court’s decision — if granted, you’ll receive an order declaring you married as of a specific date

This needs to be done within one year of splitting up or one spouse’s death (Utah Code § 30-1-4.5).

In Utah, you must file for recognition of your relationship as a marriage within one year after breaking up or after your partner’s death. If you wait too long, you can’t get a court order — even if you otherwise qualified. This timing rule ensures claims aren’t made years after a relationship ends.

Yes. Once a court declares you married under Utah law, you are legally married for all purposes — which means you must get a regular Utah divorce (through the same local courts) if you separate later. The law treats you the same as if you had a marriage license from the start.

Only after a court has issued a formal order declaring you married. Before the order, you do not automatically get inheritance, health insurance, or divorce rights. Once recognized, you qualify as a spouse for Utah property division, inheritance, and related issues.

• Assuming “living together” is enough — Utah does not have automatic common-law marriage after any number of years alone
• Not collecting paperwork or asking witnesses for proof
• Missing the one-year deadline after splitting up or after a partner passes away
• Thinking you have spousal rights before a judge issues a court order

Clear records and prompt court action protect your rights in Utah.

Generally, Utah accepts legally recognized common-law marriages from other states — as long as the marriage was valid under that state’s law. However, just living together in another state, without meeting its legal requirements, is not enough for Utah status.

Collect all your evidence as soon as possible and speak to a Utah attorney about filing a petition in your local district court. Courts in Provo, Logan, and St. George follow the same general rules, but a lawyer can help tailor your evidence and navigate any local differences.

• Visit the Utah Courts Common-law Marriage page for forms and guides
• Contact your county legal self-help center
• Find legal aid or talk to a family law attorney with Utah experience

Helpful resources exist across Utah for those navigating these steps.