Does Utah recognize common-law marriage, and how do I prove it? Myths vs Facts

Many Utahns have heard stories like, “If you live together for seven years, you’re married in the eyes of the law.” But is that really how it works here in Utah? This article breaks down what’s true—and what’s legal fiction—about common-law marriage in our state. We cover real requirements, how you prove it, and when it matters most, all with plain-English explanations and Utah-specific examples.

This is the biggest misconception about common-law marriage in Utah. Simply living together does not make you married, no matter how many years pass. Utah does have a unique law—found in Utah Code § 30-1-4.5—but it requires much more than cohabitation.

• You must ask the court to officially recognize the relationship as a marriage.
• The law calls this a “marriage not solemnized.”
• No automatic marriage based on time spent living together.

If you and your partner meet certain conditions, a Utah court may recognize your relationship as a legal marriage. This is called a “marriage not solemnized.” It has the same legal effects as a traditional marriage—if the court approves it.

According to Utah Code § 30-1-4.5:

• Both people must be legally able to marry.
• You must live together and “mutually assume marital rights, duties, and obligations” (acting like a married couple).
• There must be evidence you both consider yourselves married.

Unlike other states, Utah requires couples who want a common-law marriage to get court approval. This is not automatic or assumed; you have to file a petition in a Utah court, usually in the county where you live, like Salt Lake City or Ogden. There’s even a deadline—you must start this process during the relationship or within one year after it ends.

1. File a petition with the district court.
2. Show clear evidence: joint bills, joint leases, or testimonies from friends and family.
3. Appear before a judge, who decides if your relationship qualifies.

Courts look for “clear and convincing evidence”—meaning you must have strong proof, not just stories.

To be successful, most Utahns provide:

• Joint bank accounts or credit cards
• Shared bills or leases showing both names
• Tax returns listing you as spouses
• Testimony from friends, family, or local church leaders
• Statements that you referred to each other as “husband” or “wife” in the community

Each case is different, but more documentation usually means a better chance.

Some Utahns believe that if their relationship is recognized as a common-law marriage, it’s not subject to divorce. This is false. Once the court recognizes your marriage, all standard Utah divorce laws apply if the relationship ends. That means the same court process, property division, alimony rules, and child issues as any other married couple, under Utah Code § 30-3-1 and related statutes.

• You must file for divorce if you want to end a recognized common-law marriage.
• Property and debts are divided just like traditional marriages.

Utah courts recognize both same-sex and opposite-sex relationships for common-law purposes, as long as all legal requirements are met. There is no distinction in how the courts apply the law. For example, same-sex couples in St. George or Logan can apply just like anyone else.

Example 1: Two partners in Provo lived together for five years, filed joint tax returns, introduced each other as spouses, and signed a joint lease. After separating, one partner sought court recognition to claim spousal rights. The court agreed—the evidence met Utah’s requirements.

Example 2: A couple in Ogden lived together for ten years but kept separate finances, rarely appeared in public as spouses, and never shared bills. When they split, neither could prove a common-law marriage—even after ten years together.

Here’s how Utah attorneys and families discuss proving relationships in real life.

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1. Save paperwork showing both names—leases, loans, or bank statements.
2. Be consistent (how you introduce each other, what you put on forms).
3. Act quickly—Utah courts require you to file within one year if the relationship ends.

Avoid relying on myths (like the “7-year rule”) or skipping the court process—you must prove your case in court for any legal rights.

Understanding Utah’s rules on common-law marriage can save you confusion and heartache—especially when property, inheritance, or divorce is involved. While Utah does recognize common-law marriage, it requires court action and solid proof, not just time spent together. If you’re not sure whether your relationship qualifies, it’s best to talk with a licensed Utah attorney before making big decisions.

For more plain-English Utah legal explainers, visit Utah Law Explained or explore our About Us page.