Does Louisiana have common law marriage? The short answer is no. Louisiana explicitly prohibits common law marriage under Louisiana Civil Code Article 86, meaning no couple can gain legal marital status simply by living together, regardless of how long they have shared a home or a life.
What Is Common Law Marriage?
Common law marriage is a legally recognized union between two people who live together and present themselves as married, without obtaining a marriage license or going through a formal ceremony. While several states across the U.S. still allow it, Louisiana is not one of them.
Louisiana Common Law Marriage Laws
Louisiana Civil Code Article 86 states that marriage is a legal relationship created only through a civil ceremony. No matter how long an unmarried couple lives together in Louisiana, they will not acquire any automatic marital rights, inheritance protections, or property rights. This applies whether the couple has been together for 2 years or 20 years.
Does Louisiana Recognize Common Law Marriage From Other States?
Yes, with an important distinction. While Louisiana does not allow common law marriages to be formed within the state, it does recognize valid common law marriages that were legally established in another state.
Under the Full Faith and Credit Clause of the U.S. Constitution, if you formed a valid common law marriage in a state like Texas or Colorado before moving to Louisiana, your marriage will generally be honored here.
Unmarried Couple Rights in Louisiana
Without formal marriage, cohabiting partners in Louisiana have very limited legal protections. Key concerns include:
- Property rights: Assets acquired together may not be automatically shared without a written agreement
- Inheritance: An unmarried partner has no automatic inheritance rights under Louisiana law
- Medical decisions: Without legal documentation, a partner may have no authority to make healthcare decisions
Cohabitation Agreement Louisiana
The most practical legal alternative for unmarried couples in Louisiana is a cohabitation agreement. This is a legally binding contract that outlines property ownership, financial responsibilities, and other rights between partners. A family law attorney in Louisiana can draft one to protect both parties.
Louisiana Marriage License Requirements
If you want full legal protections as a couple in Louisiana, obtaining a marriage license is the only route. Louisiana also uniquely offers a covenant marriage, which is a stronger, legally binding form of marriage that requires premarital counseling and has stricter divorce requirements.
How to Get a Marriage License in Louisiana
- Both partners must appear in person at a parish clerk of court office
- You must provide a valid government-issued photo ID
- There is a mandatory 72-hour waiting period after issuance
- The license is valid for 30 days statewide
Protect Your Rights Without a Marriage License
For Louisiana residents living with a partner outside of formal marriage, relying on assumed common law marriage rights is a serious legal risk. Consulting a Louisiana family law attorney to draft a cohabitation agreement or review your estate plan is the safest way to secure your rights and assets in 2026.