Living Together Is Not Marriage
23 Pa.C.S. 1103 — no common-law marriage contracted after January 1, 2005
In Pennsylvania, no common-law marriage contracted after January 1, 2005, is valid. One otherwise lawful and contracted on or before that date is not made invalid.
A license first. No person may be joined in marriage in the Commonwealth until a marriage license has been obtained, and the license authorizes a ceremony in any county. The person issuing it must be satisfied of both applicants' identity.
The waiting period. No marriage license is issued before the third day after the application, though the court may authorize it sooner in an emergency or extraordinary circumstances, or when an applicant in the National Guard or a reserve component is called to active duty.
| The assumption | What the law actually does |
|---|---|
| The assumptionLiving together long enough makes a common-law marriage | What the law actually doesNone contracted after January 1, 2005, is valid |
| The assumptionA common-law marriage from before then no longer counts | What the law actually doesOne otherwise lawful and contracted on or before January 1, 2005, is not made invalid |
Property and support between unmarried partners, and proving a common-law marriage from before 2005, are not all on this page. What a particular situation carries is a question for a licensed Pennsylvania attorney.
Sources for this section (3)
- 23 Pa.C.S. 1103 — Common-law marriage
- 23 Pa.C.S. 1301 — Marriage license required
- 23 Pa.C.S. 1303 — Waiting period after application
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Pennsylvania attorney.