Yes, Tennessee does not allow couples to form new common law marriages within the state. Living together, sharing finances, or presenting yourselves as married does not create a legal marriage in Tennessee no matter how long the relationship lasts.
However, Tennessee will recognize a common law marriage that was validly formed in another state where such marriages are legal. Under the Full Faith and Credit Clause of the U.S. Constitution, Tennessee generally honors those out-of-state marriages, even though it does not permit couples to create one under its own laws.
How Marriage Works in Tennessee
Tennessee treats marriage as a formal legal status, not something that develops gradually through conduct or time.
To be legally married in Tennessee, a couple must:
- Obtain a valid marriage license from the county clerk
- Meet statutory eligibility requirements
- Have the marriage solemnized by an authorized officiant
If these steps are not completed, the couple is legally considered unmarried, regardless of commitment, cohabitation, or public perception.
Tennessee has never recognized common law marriage formed within the state.
Why Common Law Marriage Does Not Exist in Tennessee
Common law marriage is based on the idea that a couple’s intent, cohabitation, and public behavior can create a marriage without formal state approval. Some states historically accepted this approach.
Tennessee does not.
The state’s position is that marriage should begin with a clear, verifiable legal act, not assumptions inferred years later. Tennessee law avoids uncertainty by requiring formal compliance with marriage statutes from the outset.
Long-Term Relationships Are Not Legal Marriages
Tennessee law draws a strict line between:
- Committed relationships, and
- Legal marriages
A couple can:
- Live together for decades
- Own property jointly
- Share bank accounts
- Raise children
- Be socially known as spouses
And still have no marital rights under Tennessee law unless they legally married.
Commitment alone does not create spousal status.
What Happens When Unmarried Couples Separate?
Because common law marriage does not exist in Tennessee, the end of an unmarried relationship is not a divorce.
Property Issues
Tennessee’s marital property laws apply only to married spouses. For unmarried couples:
- Property belongs to whoever owns it or paid for it
- Joint property is divided according to ownership interests
- Courts do not assume an equal or fair split
No Spousal Support
Alimony is available only after a legal marriage. Unmarried partners generally have no right to spousal support after separation.
Children Are Treated Separately
Child custody and child support are handled independently of marriage. Parental responsibilities exist regardless of marital status.
Death and Inheritance: Where Assumptions Are Most Dangerous
If one partner dies without a will:
- The surviving unmarried partner does not automatically inherit
- Assets pass to legal heirs under Tennessee intestacy law
Length of cohabitation does not matter. Without marriage or proper estate planning, a surviving partner may be left without legal protection.
Recognition of Out-of-State Common Law Marriages
Tennessee will recognize a common law marriage if:
- It was validly formed in another state that allows common law marriage, and
- It met that state’s legal requirements at the time
For example, a couple legally married under common law in Colorado or Kansas may still be treated as married after moving to Tennessee.
Tennessee itself does not create, revive, or expand common law marriages.
Common Misunderstandings in Tennessee
Many legal disputes begin with assumptions such as:
- “We’ve been together long enough”
- “Everyone thinks we’re married anyway”
- “Marriage is just paperwork”
In Tennessee, that paperwork is what defines marriage.
Legal Planning for Unmarried Couples in Tennessee
Since common law marriage is not an option, planning is essential.
Cohabitation Agreements
These agreements can define:
- Property ownership
- Financial responsibilities
- What happens if the relationship ends
Tennessee courts often enforce clear, voluntary agreements.
Estate Planning
Unmarried couples should strongly consider:
- Wills
- Beneficiary designations
- Powers of attorney and health care directives
Without these documents, a surviving partner may have no legal authority or inheritance rights.
Why Tennessee Follows This Approach
Tennessee prioritizes clarity and predictability in family law. Requiring formal marriage:
- Reduces litigation
- Prevents inheritance disputes
- Avoids forcing courts to reconstruct personal relationships
The system favors certainty over assumption.
Final Takeaway
Tennessee does not allow common law marriages to be formed within the state. For couples living in Tennessee, marriage exists only when the legal requirements are intentionally followed.
While Tennessee will honor a valid common law marriage created in another state, living together in Tennessee—no matter how long—does not create marital rights. For modern couples, a formal marriage license obtained through the county is the only way to be legally married, and careful legal planning is essential when marriage is not part of the plan.
