No. Tennessee does not recognize common law marriage created within the state. A couple does not become legally married in Tennessee simply by living together, sharing finances, using the same last name, or presenting themselves as husband and wife. Tennessee law requires a marriage license and solemnization for a marriage to be entered into under its marriage laws.
However, there is an important exception: Tennessee courts generally recognize a valid common law marriage that was legally established in another state that permits common law marriage. Tennessee courts have repeatedly recognized this distinction.
What Is Common Law Marriage?
A common law marriage is a legally recognized marriage that can be created without the traditional marriage ceremony and license required in many states. The requirements vary depending on the state.
Simply living together, however, does not automatically create a common law marriage. In states that permit this type of marriage, couples generally must satisfy that state’s specific legal requirements.
Tennessee is different because a couple cannot create a new common law marriage merely by living together in Tennessee.
Can You Become Common Law Married in Tennessee?
No. Tennessee does not permit couples to establish a common law marriage by cohabiting in the state.
For example, a couple who:
- lives together for 5, 10, or 20 years;
- shares a home or bank accounts;
- has children together;
- uses the same last name;
- refers to each other as husband and wife; or
- considers themselves married
does not become legally married in Tennessee solely because of those circumstances.
Tennessee courts have long held that common law marriages cannot be contracted within the state.
Is There a 7-Year or 10-Year Rule?
No. Tennessee has no rule that automatically creates a marriage after a certain number of years of living together.
The idea that a couple becomes common law married after 7 or 10 years is a common misconception. The length of the relationship by itself does not create a marriage in Tennessee.
Does Tennessee Recognize a Common Law Marriage From Another State?
Yes, generally. Tennessee courts recognize a common law marriage that was validly established under the law of another state where common law marriage is legally permitted.
This distinction is important.
For example, suppose a couple legally establishes a common law marriage in a state that recognizes this type of marriage. If they later move to Tennessee, Tennessee courts have recognized such an out-of-state common law marriage as valid.
The couple must still be able to establish that a valid marriage actually existed under the law of the state where it was allegedly created. Simply claiming that the relationship was a common law marriage is not enough.
Tennessee appellate decisions have specifically addressed common law marriages originating in other states, including cases involving the laws of Michigan, Ohio, Texas, and other jurisdictions.
What Does Tennessee Law Require for a Marriage?
Tennessee’s marriage laws are contained primarily in Title 36, Chapter 3 of the Tennessee Code.
Under Tennessee Code § 36-3-103, before the parties are joined in marriage, they must present a marriage license issued by a county clerk to the person authorized to solemnize the marriage.
Tennessee law also provides for the solemnization of marriage by authorized persons under § 36-3-301.
The law does not require a particular ceremony formula. Tennessee Code § 36-3-302 states that no specific formula is required, but the parties must declare in the presence of the minister or officer that they accept each other as husband and/or wife.
Therefore, for an ordinary Tennessee marriage, living together and acting like a married couple is not a substitute for the statutory marriage requirements.
What If a Couple Lives Together in Tennessee and Considers Themselves Married?
Living together does not, by itself, create a Tennessee marriage.
A couple may have a long-term relationship and share many aspects of their lives without becoming legally married. Tennessee courts have repeatedly stated that Tennessee does not recognize common law marriages formed within the state.
This means that a person should not assume that marital rights exist simply because the relationship has lasted for many years.
Does Using the Same Last Name Create a Marriage?
No.
Using the same surname or referring to each other as spouses does not, by itself, create a valid Tennessee marriage.
Likewise, actions such as:
- introducing each other as husband and wife;
- sharing a residence;
- maintaining joint finances;
- filing documents that describe the relationship as marital; or
- wearing wedding rings
do not replace Tennessee’s legal requirements for entering into a marriage.
These facts may be relevant in particular legal disputes, but they do not independently create a common law marriage in Tennessee.
What Rights Do Unmarried Couples Have in Tennessee?
A couple who is not legally married generally does not receive all of the rights and protections that Tennessee law provides to married spouses.
For example, an unmarried partner does not automatically receive the same marital rights concerning:
- inheritance;
- marital property;
- divorce proceedings;
- spousal support; or
- certain decision-making rights that may arise from the legal status of spouse.
However, this does not mean an unmarried partner has no legal rights.
Property ownership, contracts, wills, beneficiary designations, trusts, and other legal arrangements can affect the rights of unmarried partners. The result depends on the particular facts and documents involved.
For this reason, couples who choose not to marry may want to consider appropriate estate-planning and property arrangements rather than relying on the assumption that a long-term relationship creates marital rights.
What Happens If an Unmarried Couple Separates?
If a couple was never legally married in Tennessee and did not have a valid marriage recognized from another jurisdiction, the separation generally is not treated as a divorce.
There is therefore no ordinary divorce proceeding through which a court automatically divides the couple’s property as marital property.
Instead, disputes may depend on matters such as:
- whose name is on the property title;
- whether the parties entered into a written agreement;
- whether there is a valid contract;
- ownership of bank accounts and other assets;
- contributions made toward jointly owned property; and
- applicable property, contract, or trust law.
The legal result can be very different from a divorce involving legally married spouses.
Can a Tennessee Court Recognize an Out-of-State Common Law Marriage?
Yes, when the marriage was validly created under the law of the jurisdiction where it was established.
Tennessee appellate courts have expressly recognized that although a common law marriage cannot be contracted in Tennessee, Tennessee courts may recognize a common law marriage contracted in another state where that marriage is valid.
This means the key question is not simply whether the couple currently lives in Tennessee. A court may need to determine where and under what law the alleged marriage was established.
The requirements of the other state also matter. A relationship that would qualify as a common law marriage in one jurisdiction may not qualify in another.
What Evidence May Matter in an Out-of-State Common Law Marriage Case?
When a person claims that a common law marriage was established in another state, the relevant evidence can depend on that state’s marriage requirements.
Potential evidence may include:
- where the couple lived;
- when they lived there;
- whether they had the legal capacity to marry;
- whether they agreed to be married;
- how they represented their relationship;
- documents identifying them as spouses; and
- other evidence required under the law of the state where the marriage allegedly arose.
The exact requirements should be evaluated under the law of that jurisdiction rather than Tennessee’s rules alone.
Tennessee Common Law Marriage: Quick Answer
| Situation | Legal effect in Tennessee |
|---|---|
| Couple lives together in Tennessee | Does not create a marriage |
| Couple lives together for 7 years | Does not automatically create a marriage |
| Couple lives together for 10 years | Does not automatically create a marriage |
| Couple calls each other husband and wife | Does not create a Tennessee marriage |
| Couple shares finances | Does not create a Tennessee marriage |
| Couple has children together | Does not create a Tennessee marriage |
| Valid common law marriage established in another state | Tennessee generally recognizes it |
| Marriage entered into under Tennessee’s statutory requirements | Legally recognized marriage |
Frequently Asked Questions
Does Tennessee have common law marriage?
No. Tennessee does not allow a couple to create a common law marriage simply by living together in Tennessee.
How long do you have to live together to be common law married in Tennessee?
There is no number of years. Living together for 7, 10, or any other number of years does not automatically create a common law marriage in Tennessee.
Will Tennessee recognize a common law marriage from another state?
Generally, yes, if the common law marriage was validly established under the law of a state that recognizes such marriages. Tennessee courts have repeatedly recognized valid out-of-state common law marriages.
Do you need a marriage license in Tennessee?
Yes. Tennessee Code § 36-3-103 requires the parties to present a marriage license before being joined in marriage.
Does living together make you husband and wife in Tennessee?
No. Cohabitation alone does not create a legal marriage in Tennessee.
Can unmarried couples have legal rights in Tennessee?
Yes. Unmarried partners may have rights arising from property ownership, contracts, wills, trusts, beneficiary designations, or other legal arrangements. Those rights are different from the automatic rights associated with legal marriage.
Explore Question Categories
Founder & Publisher, Law Act
Prabh Kalsi is the founder and publisher of Law Act. He manages the website’s content research, organization, editing, and publishing. Law Act’s legal content is developed using publicly available legislation, government resources, official publications, and other authoritative sources. The website provides general legal information for educational and informational purposes and does not provide personalized legal advice.