Does Utah Recognize Common Law Marriage? The 2027 Deadline to Petition
General information, not legal advice. Read the full disclaimer.
Short answer: Utah recognizes a form of common law marriage, but it is not automatic. Under Utah Code § 81-2-408 (formerly § 30-1-4.5), a person may file a petition with a court to validate a marriage that wasn't solemnized, and the court may do so only after finding the couple meets the statutory elements. The petition may be filed only during the relationship or within one year after it ends, and, as the statute is written now, only before May 5, 2027: on and after that date, an individual may not file the petition. If you are relying on this route, talk to a lawyer well before that date.
Who this guide is for
Unmarried couples in Utah, or someone whose partner has recently died or separated from them, who've heard "Utah recognizes common law marriage" and want to understand what it actually requires. This is general information, not legal advice. The statute was renumbered into Title 81 in 2024 and amended in 2026, so check the current text.
The requirements (§ 81-2-408(2))
A court may enter an order validating and making legal a marriage that wasn't solemnized if it establishes that the marriage arises out of a contract between two individuals who:
- are of legal age and capable of giving consent;
- are legally capable of entering a solemnized marriage (for example, neither is already married to someone else);
- have cohabited;
- mutually assume marital rights, duties, and obligations; and
- hold themselves out as, and have acquired a uniform and general reputation as, spouses.
Evidence of a marriage under this section may be manifested in any form and is proved under the same general rules of evidence as other facts (§ 81-2-408(3)(b)).
It's not automatic
Living together for a long time doesn't by itself create a legal marriage in Utah. Someone has to file a petition and get a court order. Without that order there is no legal marriage under this section, regardless of how the couple described their relationship.
The two deadlines
- During the relationship or within one year after it ends (§ 81-2-408(3)(a)). That includes a separation or a death.
- The petition window closes May 5, 2027. The statute provides that "before May 5, 2027" an individual may file the petition, and that "on and after May 5, 2027" an individual may not (§ 81-2-408(1), (4)). Whether the Legislature changes the date is something to confirm with a lawyer or the current statute text.
Because the one-year clock after a breakup or a death runs separately, a couple whose relationship ended in late 2026 could find the window closes at May 5, 2027 rather than a full year later.
Why this matters in practice
A petition to validate a marriage comes up in two situations: a separation, where one partner wants rights like divorce (property division, potentially support) that wouldn't exist without a marriage; and a death, where a surviving partner wants inheritance or other spousal rights. The person asserting the marriage must prove each element. See Utah Divorce Property Division, Utah Alimony and Utah Small Estate Affidavit for what's at stake.
Frequently asked questions
If we've lived together for years and tell people we're married, are we legally married in Utah?
Not automatically. Without a court order validating the marriage under Utah Code § 81-2-408, you're not legally married under this section.
What if my partner died and we never got a court order?
You may be able to petition within one year after the relationship ended, but only before May 5, 2027 under the statute as written. This is time-sensitive; talk to an attorney promptly.
Does a common law marriage established in another state carry over if we move to Utah?
Generally, a marriage validly established under another state's law is recognized in Utah, but the details depend on how and where it was established; confirm with an attorney.
Does the May 2027 date mean Utah is ending recognition of existing marriages?
The statute limits the filing of new validation petitions after that date. It does not by its terms say that marriages already validated by a court stop being valid; ask a lawyer how it applies to your situation.