A common law marriage is one in which the couple, usually a man and woman, lives together for a period of time and holds themselves out to friends, family and the community as "being married," but never go through a formal ceremony or get a marriage license. Here are three requirements for most states.
Just "living together" is not enough to validate a common law marriage.
1. You must live together (amount of time varies by state).
2. You both must have the legal right or "capacity to marry"
Both must be 18 years old (varies by State);
Both must be of sound mind;
Both must not be married to someone else.
3.
You both must intend to be married.
4.
You both must hold yourself out to friends and family as being a married couple such as:
Taking the same last name;
Referring to each other in public as "husband" or "wife;"
Joint bank accounts;
Joint credit cards.