No, Louisiana does not recognize common law marriage. Couples cannot become legally married in Louisiana simply by living together, no matter how long the relationship lasts or how closely it resembles a traditional marriage.
Louisiana’s position is especially strict compared to many other states, and confusion is common among long-term partners who believe shared life automatically creates marital rights. It does not. Below is a detailed explanation of how Louisiana law treats marriage, why common law marriage does not exist here, and what unmarried couples should understand.
How Marriage Is Defined in Louisiana
Louisiana follows a civil law system, which is different from the common law systems used in most other states. Under this framework, marriage exists only when the legal requirements are strictly followed.
To be legally married in Louisiana, a couple must:
- Obtain a valid marriage license
- Meet eligibility requirements under state law
- Have the marriage formally solemnized
If these steps are not completed, the relationship is not a marriage under Louisiana law, regardless of commitment, cohabitation, or how the couple presents themselves socially.
Louisiana has never recognized common law marriage.
Understanding Common Law Marriage (Louisiana’s Civil Law View)
Common law marriage is based on the idea that a relationship can become a legal marriage through mutual intent and lived behavior, without formal approval by the state. Some U.S. states historically accepted this concept.
Louisiana rejects it entirely. Because Louisiana is rooted in civil law tradition, marriage is viewed as a legal institution created by formal consent and procedure, not by implication or assumption. In Louisiana, a relationship either meets the legal definition of marriage—or it does not. There is no middle ground.
Why Louisiana Does Not Recognize Common Law Marriage
Louisiana’s refusal to recognize common law marriage is intentional and deeply tied to its legal structure.
By requiring formal marriage procedures, the state avoids:
- Disputes over whether a marriage ever existed
- Confusion over property ownership and debt
- Unclear claims for spousal support
- Complex inheritance and succession conflicts
Without strict rules, courts would be forced to reconstruct relationships after breakups or deaths. Louisiana law avoids that uncertainty by demanding clear legal proof of marriage from the start.
Common Myths About Marriage in Louisiana
Many assumptions that exist in other states simply do not apply in Louisiana.
1. Living together for many years
Does not create a marriage
2. Calling each other husband or wife
Social labels have no legal effect
3. Sharing finances or property
Financial integration does not equal marriage
4. Raising children together
Parenthood does not convert a relationship into a marriage
Even if everyone around a couple believes they are married, Louisiana law will not—unless the formal requirements were met.
What Happens When Unmarried Couples Separate?
Because common law marriage does not exist in Louisiana, the end of an unmarried relationship is not a divorce.
Property Ownership
Louisiana’s community property system applies only to legally married spouses. For unmarried partners:
- Property belongs to whoever owns it or paid for it
- Jointly owned property is divided based on ownership interests
- There is no automatic community property right
No Right to Spousal Support
Spousal support is available only after a legal marriage. Unmarried partners generally cannot claim alimony after separation.
Children and Parental Rights
Child custody and child support are handled separately from marriage law. Parental rights and obligations exist regardless of marital status.
Inheritance and the Death of a Partner
This is one of the most serious areas of misunderstanding.
If one partner dies without a will:
- The surviving unmarried partner does not automatically inherit
- Property passes according to Louisiana succession laws to legal heirs
Long-term cohabitation provides no inheritance protection in Louisiana without proper estate planning.
Recognition of Out-of-State Common Law Marriages
Louisiana will recognize a common law marriage if it was validly formed in another state that allows such marriages.
Important limits apply:
- The marriage must meet the legal requirements of the state where it was created
- Simply living together in Louisiana does not create or validate a common law marriage
This issue often arises when couples move to Louisiana from states like Texas, Kansas, or Iowa.
Legal Alternatives for Unmarried Couples in Louisiana
Since common law marriage is not an option, legal planning is essential.
Cohabitation Agreements
These agreements can clarify:
- Property ownership
- Financial responsibilities
- What happens if the relationship ends
Louisiana courts generally enforce clear, voluntary agreements.
Estate Planning
Unmarried couples should strongly consider:
- Wills
- Beneficiary designations
- Powers of attorney
Without these documents, a surviving partner may have little or no legal protection.
Why This Still Matters Today
Many legal disputes arise because couples assume Louisiana law treats long-term relationships as marriages. It does not.
That assumption can lead to:
- Loss of property
- No inheritance rights
- No financial protection after separation
Louisiana law does not evaluate emotional commitment—it enforces legal status.
Final Takeaway
There is no common law marriage in Louisiana.
Living together, sharing finances, raising children, or presenting yourselves as spouses does not create a legal marriage under Louisiana law. Without a marriage license and proper legal steps, couples remain unmarried—regardless of how long the relationship lasts.
Louisiana may recognize a valid common law marriage formed in another state, but it does not allow new ones to form within its borders.
