No, Tennessee is not a common law marriage state. This means that the state does not allow couples to establish a legally recognized marriage simply by living together and presenting themselves as married.
However, Tennessee does recognize valid common law marriages that were legally established in other states that allow them. This means if you were in a common law marriage in a state that recognizes it, Tennessee will honor that marriage.
If you are seeking legal rights similar to marriage in Tennessee, you may need to consider formal marriage or legal agreements like cohabitation contracts.
Tennessee & Common Law Marriage
Tennessee does not allow couples to create a common law marriage within the state. This means that simply living together for a certain period, sharing finances, or introducing yourselves as spouses does not grant you the legal rights of a married couple in Tennessee.
Recognition of Common Law Marriages from Other States
While Tennessee does not establish common law marriages, it will recognize a valid common law marriage if it was legally formed in a state that allows it. This is based on the Full Faith and Credit Clause of the U.S. Constitution, which requires states to honor legal agreements from other states.
For example:
- If you and your partner legally established a common law marriage in Texas, Colorado, or another state that recognizes common law marriage, and then moved to Tennessee, your marriage would still be considered valid.
- However, if you and your partner lived together in Tennessee and never legally married, you would not be considered married under state law.
Why Does This Matter?
Without legal marriage, unmarried partners in Tennessee do not automatically get:
✔ Inheritance rights
✔ Spousal benefits (e.g., Social Security, pensions)
✔ Healthcare decision-making rights
✔ Divorce protections (e.g., alimony or property division)
If you want legal protections similar to marriage but do not want to marry, you may need to draft legal agreements, such as:
- Cohabitation agreements (to define financial responsibilities and asset division)
- Wills & estate planning documents (to ensure inheritance rights)
- Power of attorney (to make medical or financial decisions for each other)
If you are unsure whether or not you are in a common law marriage, or if you are looking to get a divorce from a common law marriage, then it pays to speak to an experienced divorce attorney in Tennessee. A knowledgeable lawyer will be able to help you figure out everything you need to know about your situation so you can make an informed decision about next steps and what information you may need to gather.