Is common law marriage legal in Louisiana?

Full question:

Is common law marriage legal in louisiana

  • Category: Marriage
  • Subcategory: Common Law Marriage
  • Date:
  • State: Louisiana

Answer:

Louisiana does not have common law marriages, choosing to address the concept as open concubinage.
 
If a common-law marriage is contracted in a state whose law sanctions such a marriage, the marriage will be recognized as a valid marriage in Louisiana, even though a common-law marriage cannot be contracted in this state. See, e.g., Brinson v. Brinson, 233 La. 417, 425, 96 So.2d 653, 656 (1957); Bloom v. Willis, 221 La. 803, 807, 60 So.2d 415, 417 (1952), cert. denied, 345 U.S. 916, 73 S.Ct. 726, 97 L.Ed. 1349 (1953); [2007-1927 La.App. 1 Cir. 17] Succession of Marinoni, 177 La. at 610, 148 So. at 894; Gibbs v. Illinois Cent. R. Co., 169 La. 450, 453-54, 125 So. 445, 446 (1929); Lewis v. Taylor, 554 So.2d 158, 159 n. 1 (La.App. 2 Cir.1989), writ denied, 554 So.2d 1237 (La.1990); Succession of Rodgers, 499 So.2d 492, 495 (La.App. 2 Cir.1986); Fritsche v. Vermilion Parish Hosp. Service Dist. No. 2, 2004-1192, p. 3 (La.App. 3 Cir. 2/2/05), 893 So.2d 935, 937-38, writs denied, 2005-0468 and 2005-0568 (La.4/22/05), 899 So.2d 574 and 576; State v. Williams, 96-652, p. 6 (La.App. 3 Cir. 2/5/97), 688 So.2d 1277, 1281; Parish v. Minvielle, 217 So.2d 684, 688 (La.App. 3 Cir.1969); Chivers, 159 So.2d at 549. See also LSA-C.C. art. 87, comment (d).
 
Ghassemi v. Ghassemi, 2007-1927 La.App. 1 Cir. 10/15/08, 998 So.2d 731 (1 Cir. 2008)

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Louisiana does not recognize common law marriages, so there is no specific duration required to establish one within the state. Instead, relationships that might resemble common law marriages are classified as open concubinage. If a couple establishes a common law marriage in a state that allows it, Louisiana will recognize that marriage, regardless of how long they lived together in Louisiana itself.