Yes, but only in a very limited and unusual way. New Hampshire does not recognize common law marriage for most legal purposes, but it does recognize it in one narrow situation: inheritance after death.
This makes New Hampshire different from almost every other state. Many people misunderstand this rule and assume it works like common law marriage elsewhere. It does not. Below is a clearly structured, differently written explanation of how New Hampshire handles this issue and why assumptions here can be especially dangerous.
Marriage in New Hampshire Is Mostly Formal
As a general rule, New Hampshire requires formal marriage.
To be legally married for everyday purposes—such as divorce, property division, or spousal support—a couple must:
- Obtain a marriage license
- Meet legal eligibility requirements
- Have the marriage solemnized
If those steps are not completed, the couple is not considered married under New Hampshire law during their lifetime.
New Hampshire does not allow couples to become married simply by living together.
New Hampshire’s Unique Exception: Marriage After Death
Here’s where New Hampshire stands apart.
New Hampshire recognizes a form of common law marriage only after one partner dies, and only for inheritance purposes.
This doctrine applies when:
- The couple lived together for at least three years, and
- They openly held themselves out as husband and wife, and
- One partner dies
If those conditions are met, a court may recognize the surviving partner as a legal spouse for inheritance purposes only.
This type of marriage:
- Exists only after death
- Is recognized only by a court
- Applies only to inheritance rights
During the couple’s lifetime, the law treats them as unmarried.
How This Differs From Traditional Common Law Marriage
In most states that recognize common law marriage:
- The marriage exists while both partners are alive
- Divorce is required to end it
- All marital rights apply
New Hampshire’s version is different.
There is:
- No marriage during life
- No divorce
- No marital property rights
- No spousal support
- No automatic benefits
The status appears only after death, and only if a court confirms it.
What Courts Look At in These Cases
When a surviving partner claims inheritance rights, the court examines evidence such as:
- Length of cohabitation (minimum three years)
- Whether the couple presented themselves publicly as married
- How friends, family, and the community viewed the relationship
- Shared financial or household responsibilities
There is no automatic recognition. The burden is on the surviving partner to prove the relationship met the legal standard.
What This Rule Does Not Do
This is where many people go wrong.
New Hampshire’s rule does not:
- Create marriage during the couple’s lifetime
- Give divorce rights
- Grant spousal support
- Create community or marital property
- Apply to breakups
If the couple separates while both are alive, the law treats them as unmarried, regardless of how long they lived together.
Breakups Are Not Divorces
Because common law marriage does not exist during life in New Hampshire:
- Separation is not a divorce
- Property is divided based on ownership, not marital rules
- There is no alimony
- Each partner leaves with what they legally own
This can be a shock to long-term couples who assumed marriage-like protections existed.
Inheritance: Where the Rule Matters Most
If one partner dies without a will, this rule can determine everything.
If the surviving partner proves the relationship qualifies:
- They may inherit as a legal spouse
If they cannot:
- The estate passes to blood relatives
- The surviving partner may receive nothing
This makes estate planning critical for unmarried couples in New Hampshire.
What If the Relationship Began in Another State?
New Hampshire will recognize a traditional common law marriage if:
- It was validly formed in another state that allows common law marriage
In that case, the couple is treated as married for all purposes. But New Hampshire itself does not create those marriages.
Common Misunderstandings in New Hampshire
Many legal disputes arise from assumptions like:
- “We lived together long enough, so we’re married”
- “New Hampshire has common law marriage”
- “We’re basically spouses anyway”
All of these are incorrect—except in the narrow, after-death inheritance context.
How Unmarried Couples Can Protect Themselves
Because the law offers limited protection, planning matters.
Wills and Estate Planning
This is the most important step. A will can:
- Eliminate uncertainty
- Prevent family disputes
- Protect a surviving partner
Cohabitation Agreements
These can clarify:
- Property ownership
- Financial responsibilities
- Expectations if the relationship ends
Courts often enforce clear agreements.
Why New Hampshire Uses This System
New Hampshire’s rule is designed to:
- Protect surviving partners from total disinheritance
- Avoid recognizing informal marriages during life
- Limit uncertainty and litigation
It is a compromise—but a narrow one.
Final Takeaway
New Hampshire does not recognize common law marriage during a couple’s lifetime.
However, it may recognize a marriage after death, solely for inheritance purposes, if strict conditions are met.
Living together does not create marital rights while both partners are alive. Breakups are not divorces. Property is not marital property. Spousal support does not exist.
