Did you know thousands of New Jersey couples assume they are legally married simply because they live together? Does New Jersey have common law marriage? No. New Jersey abolished common law marriage in 1939 under NJ Rev. Stat. 37:1-10.
Whether you live in Newark, Jersey City, Trenton, or Cherry Hill, cohabitation alone gives you no marital rights under New Jersey law.
What Is Common Law Marriage?
Common law marriage is a legal union formed without a marriage license or ceremony. A handful of states still allow it. New Jersey is not one of them. The state has not recognized common law marriage formed within its borders for over 85 years.
Is Common Law Marriage Legal in New Jersey?
No. New Jersey law renders any marriage formed without a license after December 1, 1939, absolutely void. No length of cohabitation changes that. Five years, twenty years, or forty years together still leaves you legally unmarried in New Jersey.
How Long Do You Have to Live Together?
No time period creates a legal marriage in New Jersey. The widely believed “7-year rule” is a myth. New Jersey courts do not recognize it. Living together, sharing finances, and using the same last name do not establish marital status.
Does New Jersey Recognize Out-of-State Common Law Marriages?
Yes. New Jersey will recognize a valid common law marriage that was legally formed in another state before a couple moved to New Jersey. The couple must prove they met all legal requirements in the originating state. Simply moving to New Jersey and living together here creates no new common law marriage.
Legal Rights of Unmarried Couples in New Jersey
Without a legal marriage, New Jersey’s cohabitation law offers very limited automatic protections. Unmarried couples in New Jersey have no inheritance rights under intestate law, no right to alimony, and no right to equitable property division upon separation.
New Jersey Palimony Law
New Jersey does recognize palimony, but the rules are strict. Since January 18, 2010, a palimony claim is only valid if there is a signed written agreement. Both parties must have received independent legal advice from separate attorneys before signing. Without that written agreement, there is no palimony claim in New Jersey.
New Jersey Domestic Partnership Registration
New Jersey offers domestic partnership registration, but only for couples where both partners are at least 62 years old. Registered domestic partners receive certain state-level rights, but not the full range of protections available to legally married spouses.
New Jersey Cohabitation Agreement
A cohabitation agreement is the strongest legal tool available to most unmarried couples in New Jersey. It is a written contract covering property rights, financial responsibilities, debt allocation, and support obligations.
New Jersey courts enforce properly drafted cohabitation agreements. This document protects both partners in ways that state law alone does not.
New Jersey Inheritance Rights for Unmarried Partners
Without a will, New Jersey intestate law passes your assets to blood relatives, not your unmarried partner. A valid will, trust, and beneficiary designations on retirement accounts and life insurance policies are essential for any unmarried couple in Newark, Hackensack, or anywhere across New Jersey.
How to Get Legally Married in New Jersey
Formal marriage is the only path to full legal protection. New Jersey requires a marriage license from the local registrar’s office. There is a 72-hour waiting period after the application. The license is valid for 30 days. Both applicants must be at least 18 years old.
The Bottom Line for New Jersey Residents
New Jersey does not have common law marriage. No time spent living together creates it. If you share property, finances, or children with a partner in New Jersey, consult a qualified New Jersey family law attorney today to protect your rights before a breakup, illness, or death forces the issue.