Does Florida Have Common Law Marriage?

Does Florida Have Common Law Marriage?

Florida does not. The statute has been clear since 1968. “No common-law marriage entered into after January 1, 1968, shall be valid.” A couple cannot become married in Florida by living together, sharing expenses, introducing each other as husband and wife, or filing taxes jointly. The only path to a Florida marriage runs through a county clerk’s office.

What that means at a death, in a hospital and for a home depends entirely on what documents the couple signed during life. A spouse under Florida law receives an intestate share of the estate when there is no will, an elective share worth 30 percent of the elective estate, a life estate in the homestead, up to $20,000 of household property and an $18,000 family allowance. A partner who never married receives none of those rights by default.

Two documents change the outcome. The Secure Will Estate Plan ($1,200, or $1,950 for a couple) includes a will, a durable power of attorney, a health-care surrogate designation, a living will, a HIPAA authorization and a lady bird deed on the home. A cohabitation agreement creates support and property rights between partners by written contract. The fee is quoted at consultation. A free consultation can walk through both.

Is There a Seven-Year Rule for Common Law Marriage in Florida?

Florida law contains no year count. The belief that seven years of living together creates a marriage has no basis in the statute and never has. Florida’s statute says no common law marriage entered into after January 1, 1968, is valid, and the sentence that follows protects only a ceremonial marriage with a defect.

The statute does not add an exception for long relationships. The statute does not say five years, seven years, ten years or any other number. A couple could live together in Florida for forty years and still not be married under Florida law. The only difference longer cohabitation makes is that more property accumulates without the legal rules that govern it.

A partner who wants the rights that come with marriage in Florida has two choices. One is to marry. A license from a county clerk creates the legal relationship the same day. The other is to create some of those rights by signed documents, including a will that names the partner as a beneficiary, a health-care surrogate designation, a power of attorney and a lady bird deed that passes the home outside probate.

Does Florida Recognize a Common Law Marriage From Another State?

A common law marriage that formed in a state allowing them is recognized in Florida. The rule is longstanding. “Florida has always determined the validity of a marriage in accordance with laws of the place where the marriage occurred.”

A Texas couple tested that rule after a 1987 accident. The couple had formed a common law marriage in Texas in 1971. Seven days after the accident they married ceremonially in Florida. The Florida Second District Court of Appeal held in 1990 that “section 741.211 is limited to marriages occurring in Florida and was never intended to affect persons lawfully married outside of Florida.”

A Georgia case reached the same result. A woman’s earlier divorce became final 19 days after a 1972 ceremony. Because the couple then lived in Georgia as husband and wife, a common law marriage arose there. The Florida First District Court of Appeal said in 1991 that “Florida will respect a common law marriage when entered into in a state which recognizes common law marriages.”

Proof matters. A couple relying on an out-of-state common law marriage should keep joint tax returns from the state where the marriage formed, affidavits from friends and family, evidence of shared accounts and property, and any state-issued document that lists them as married. When the surviving partner claims an inheritance, a homestead right or a personal-representative appointment in Florida, that paper trail supports the claim that a marriage existed.

What About a Ceremonial Marriage Without a License?

The statute’s own words carve out one exception. “Nothing contained in this section shall affect any marriage which, though otherwise defective, was entered into by the party asserting such marriage in good faith and in substantial compliance with this chapter.”

A 2009 First District Court of Appeal case sent back a question about an unlicensed Florida ceremony to determine whether the parties acted in good faith and substantially complied with the marriage statute. The exception can keep a ceremonial marriage with a defect from being voided, so long as the couple believed they were lawfully marrying.

The exception never reaches a couple who simply lived together without any ceremony. Good faith requires more than a belief that years of cohabitation create a marriage. Substantial compliance with the marriage statute requires at least the outward form of a ceremony, because chapter 741 sets out the license, the officiant and the solemnization. A couple who never went to a clerk’s office, never had a ceremony and never signed anything did not substantially comply with the chapter. For that couple, no exception exists and no Florida marriage arose.

What Does a Partner Not Receive When the Other Dies?

An unmarried partner in Florida has no automatic claim to anything in the deceased partner’s estate. The statutes list who takes when someone dies without a will, and the list never mentions a partner or a cohabitant.

The intestate share passes to a surviving spouse (the entire estate if there are no descendants, or half if either partner has a descendant who is not the other’s), then to descendants, parents, brothers and sisters and their descendants, grandparents and their descendants, and finally to “the kindred of the last deceased spouse of the decedent as if the deceased spouse had survived the decedent and then died intestate.” After that the estate goes to the state. A partner is not kindred.

“The surviving spouse of a person who dies domiciled in Florida has the right to a share of the elective estate of the decedent as provided in this part, to be designated the elective share.” That share is 30 percent. A partner has no right to it.

A surviving spouse takes a life estate in the homestead when the owner is survived by a spouse and descendants. A partner does not. The exempt property, up to $20,000 of furniture, furnishings and two motor vehicles, passes to a spouse or, if none, to children. A partner is not in that line. The family allowance, up to $18,000 during the estate’s administration, goes to a surviving spouse or to lineal heirs the decedent was supporting. A partner is neither.

Can a Partner Make Health Care Decisions?

When a patient has no advance directive and no written surrogate designation, Florida law sets the order of who may make health care decisions. The list runs through a judicially appointed guardian first, then “the patient’s spouse,” then an adult child or majority of adult children, then a parent, then an adult sibling or majority of siblings, then “an adult relative of the patient who has exhibited special care and concern for the patient,” then “a close friend of the patient,” and finally a licensed clinical social worker.

A partner who never married falls into “close friend.” That comes after the spouse, the children, the parents, the siblings and any relative who cared for the patient. A partner might watch a sibling the patient has not spoken to in years step in ahead.

The fix is a written designation of health care surrogate under Florida’s health care surrogate law. The document names the partner as the person authorized to make decisions and moves the partner to the front of the line. Signing it requires no lawyer and no fee, though a lawyer can draft the form as part of a broader estate plan. The Secure Will Estate Plan includes the designation along with the will, the durable power of attorney, the living will and the HIPAA authorization.

Can My Partner Visit Me in the Hospital if We Are Not Married

Hospital visitation is the one right that arrives without paperwork. A federal rule in effect since November 19, 2010 requires every hospital to tell you that you may designate the visitors you want, “including, but not limited to, a spouse, a domestic partner (including a same-sex domestic partner), another family member, or a friend.” The hospital must also tell you that you may withdraw that consent at any time.

Visitation is not the same as decision-making. Letting your partner into the room and letting your partner speak for you are two different powers. The moment a doctor asks who decides, the Florida statute takes over, and that statute places your partner in the “close friend” category, behind a guardian, your spouse, your adult children, your parents, your siblings and any relative who has shown special care. A written designation of health care surrogate moves your partner to the front of that list and stays in effect until you revoke it.

The surrogate designation is one of the six documents in the Secure Will Estate Plan for $1,200, or $1,950 for a couple.

What Happens to Our House if My Partner Dies and We Are Not Married

Florida law fills in gaps that an unmarried couple may not expect. When two people who are not married take title together without survivorship words, Florida law creates a tenancy in common. Each partner owns half. At a death, the dead partner’s half does not pass to the survivor. The half passes through that partner’s will or, without a will, to that partner’s kindred under the intestacy statute, which includes children, parents and siblings but not an unmarried partner.

Survivorship must be written into the deed. The Florida Supreme Court has held that “a tenancy by the entireties is a form of ownership unique to married couples,” so the strongest form of joint ownership and its creditor protection are not available to you.

An unmarried owner who has no minor child faces no constitutional limit on what happens to the homestead at death. The owner may leave it to anyone, including a partner, by will, trust or a lady bird deed. A lady bird deed is a flat fee of $399 for one owner, plus recording. The owner keeps full control during life, signs alone and passes the home outside probate.

Before buying a home together, decide what happens if one partner dies or the two of you separate. A cohabitation agreement can answer both questions. The deed should name survivorship rights if you want the survivor to take the whole property.

What Is a Cohabitation Agreement and Do Florida Courts Enforce One

Florida creates no rights between unmarried partners by default. A Fifth District Court of Appeal case put it plainly. “The law of Florida creates no legal rights or duties between live-ins.” If you want enforceable promises about support, expenses, the house or what happens at a breakup, you make those promises in a written contract.

The same court held that “an agreement for support between unmarried adults is valid unless the agreement is inseparably based upon illicit consideration of sexual services.” It also warned that “because of the potential abuse in marital-type relationships, we find that such agreements must be in writing.” A spoken promise to “take care of you” is not enough.

The 1997 case involved a nurse and a physician in Volusia County. The nurse sold her home and moved in under a written agreement that promised lifetime support and $2,500 a month if the physician ended the cohabitation. The trial court found a waiver. The Fifth District Court of Appeal reversed.

A cohabitation agreement can cover shared expenses, how property is held, support if the relationship ends, what happens to the house and how you will resolve disputes. The firm’s page on cohabitation agreements explains what goes into one. A cohabitation agreement is a flat fee quoted at consultation.

Is a Domestic Partnership the Same as Marriage in Florida

Domestic partnership registries exist in several Florida counties, including Miami-Dade, Broward, Palm Beach, Orange, Pinellas, Hillsborough, Leon, Sarasota and Volusia, and in cities including Orlando, Miami Beach, Gainesville, Key West, West Palm Beach and St. Petersburg. There is no statewide registry.

Registration grants some rights that vary by county. The most common are hospital visitation, the standing to act as a health care surrogate and the authority to make funeral arrangements. The protections are real and can matter in an emergency.

Registration does not grant the rights that come only from marriage. No registry gives a partner an inheritance share, an elective share, homestead rights, exempt property, a family allowance or a preference to serve as personal representative. Pinellas County Code states it directly. “Nothing in this article shall be construed as recognizing or treating a registered domestic partnership as a marriage.”

A registry entry is one layer. A will, a health care surrogate designation, a power of attorney and a lady bird deed are the layers that move property and authority where Florida law would not send them on its own. The firm’s page on domestic partnership registries explains what each county offers and what it does not.

What Are the Most Common Mistakes Unmarried Couples Make in Florida

Florida law leaves gaps that many couples do not see until a crisis.

1. Assuming years equal marriage. Florida has created no common law marriage since January 1, 1968. No number of years changes that. 2. Taking title to the house together without survivorship words. A deed to two unmarried people with no survivorship language creates a tenancy in common. At the first death, the deceased partner’s half passes to that partner’s children, parents or siblings, not to the survivor. 3. Leaving no will. Without a will, the deceased partner’s share of everything goes to kindred. The surviving partner is not kindred. 4. Leaving no health care surrogate designation. Without one, Florida law places the partner in the “close friend” category, after a guardian, spouse, adult children, parents, siblings and any attentive relative. 5. Relying on a spoken promise. Florida courts require a cohabitation agreement to be in writing. A promise to “take care of you” is not enforceable.

Each mistake has a fix. A will names where the estate goes. A deed with survivorship words or a lady bird deed names where the house goes. A health care surrogate designation names who decides. A cohabitation agreement names who owes what. The cost of the documents is small compared to what a court fight or an unintended result costs.

What Does the Firm Do for an Unmarried Couple in Florida

The firm prepares the documents that move property and authority where Florida law would not send them on its own.

The Secure Will Estate Plan is $1,200 for one person, or $1,950 for a couple. The plan includes a will, a durable power of attorney, a health care surrogate designation, a living will, a HIPAA authorization and a lady bird deed on your home. Recording on the deed is additional. Each partner names the other as the beneficiary, the surrogate and the agent.

A cohabitation agreement is a flat fee quoted at consultation. The agreement covers shared expenses, how property is held, support if the relationship ends, what happens to the house and how disputes are resolved. The firm represents one partner. The other partner chooses their own lawyer.

Signing happens from home before a Florida online notary by video. You do not need to come to Miami.

The consultation is free and by phone. You explain what you own, who you want to receive it and what questions you have. The firm explains what documents fit your situation and what they cost.

Frequently Asked Questions

Common Situations

A couple in Jacksonville lived together for 22 years. The house was titled in his name alone. When he learned that Florida law would pass the home to his brother and sister rather than to her, he signed a lady bird deed naming her as remainder beneficiary and a will leaving the rest of his estate to her. The deed was recorded, and she will keep the home without probate when he dies.

A woman formed a common law marriage in Texas in the 1990s. The woman and her husband lived there, filed joint tax returns and held themselves out as married. The couple moved to Florida without a ceremonial wedding. When she needed to prove the marriage years later, she gathered the Texas returns, the joint bank statements and affidavits from friends who knew them as married. The records would support a Florida court’s recognition of the marriage.

Sources of Law

• Common law marriage: Fla. Stat. §741.211 (2026) (no common law marriage entered into after January 1, 1968 is valid; the good-faith, substantial-compliance exception for a defective ceremonial marriage). Marriage licenses: Fla. Stat. ch. 741.
• What an unmarried partner receives by default: Fla. Stat. §732.102 and §732.103 (2026) (intestate succession names the spouse and relatives, never a partner); §732.201 (the elective share belongs to a surviving spouse); Fla. Const. art. X, §4 and Fla. Stat. §732.401 (homestead descent to a spouse or descendants); §732.402 and §732.403 (exempt property and family allowance for a spouse and children).
• Health care decisions and visitation: Fla. Stat. §765.401(1) (2026) (the order of proxies when no written designation exists; a close friend is near the end of the list); §765.202 (designation of a health care surrogate); 42 C.F.R. §482.13(h) (a Medicare-participating hospital must honor the patient's choice of visitors, including a domestic partner).
• The house: Fla. Stat. §689.15 (2026) (a conveyance to two or more creates a tenancy in common unless the instrument expressly provides for survivorship; entireties ownership is for spouses only); §689.11 (the lady bird deed form rests on §689.01 and the common law of life estates).
• Contracts between unmarried partners: Fla. Stat. §725.01 (2026) (statute of frauds; an agreement in consideration of marriage, or not to be performed within one year, must be in writing and signed); §732.701 (an agreement to make a will or to give a devise must be in writing, signed and witnessed); ch. 742 (paternity and child support cannot be waived by the parents' contract).
• Cases, each read in full from the opinion files under reference/caselaw/ (the Texas and Georgia cases and the unlicensed-ceremony case through the Florida opinions that recognized them): Johnson v. Lincoln Square Properties, Inc., 571 So. 2d 541 (Fla. 2d DCA 1990); Anderson v. Anderson, 577 So. 2d 658 (Fla. 1st DCA 1991); Hall v. Maal, No. 1D08-4776 (Fla. 1st DCA Oct. 20, 2009); Posik v. Layton, 695 So. 2d 759 (Fla. 5th DCA 1997); Beal Bank, SSB v. Almand & Associates, 780 So. 2d 45 (Fla. 2001).
• Fees: the firm's posted fee schedule, posted October 6, 2026 and honored 90 days from posting; government costs are additional and passed through at cost. Secure Will Estate Plan and lady bird deed fees on the pricing page.
Statute text compared with the 2026 Florida Statutes on 2026-11-11.

Related Guides

Florida Cohabitation Agreement, Florida Domestic Partnership Registries, Florida Will: Make a Will That Holds Up in Court, Florida Health Care Surrogate Designation, Florida Advance Directives: Living Will and Surrogate, Florida Lady Bird Deed: Keep Your Home Out of Probate, Joint Tenancy With Right of Survivorship in Florida, Florida Intestate Succession Chart: Who Inherits (2026).

What I Have Seen With Unmarried Couples

In 14 years of law practice, I have watched unmarried partners learn too late that Florida gives them none of the rights a spouse would have. I also litigate estates after a death, which enhances the practice of drafting the plan.

I have a few take-home points.

The first is the deed. A deed to two unmarried people with no survivorship words makes tenants in common, and the dead partner’s half passes to that partner’s parents or siblings, not to the survivor. A lady bird deed or a deed with survivorship language fixes that before a death forces a lawsuit.

The second is the health care surrogate designation. Florida’s statute places a partner in the “close friend” category, after a guardian, spouse, adult children, parents, siblings and any relative who has shown special care. A nurse in Volusia County sold her home and moved in with a physician under a written support agreement. The Fifth District Court of Appeal held in 1997 that “an agreement for support between unmarried adults is valid unless the agreement is inseparably based upon illicit consideration of sexual services.” A verbal promise to take care of someone is not enforceable. The writing matters.

Avoid assuming that years of living together create any legal protection at all. Florida has created no common law marriage since January 1, 1968, and no number of years changes that.

One honest limit is that a cohabitation agreement binds only the two partners, not a creditor, and cannot waive rights that do not exist until marriage.

Kevin D. Klagge, Esq., admitted in Florida since 2012. General information rather than advice on your situation.

Updated on November 12, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502.

General information about Florida law, not legal advice, and no attorney-client relationship is created. Do not send confidential information until we have agreed to represent you.