Common Law Marriage in Wyoming: Legal Requirements and Exceptions

When it comes to legal recognition of relationships outside of traditional marriage ceremonies, the rules vary widely from state to state. So, does Wyoming recognize common law marriage? Here’s what couples need to know if they’re living together in the Cowboy State.

Does Wyoming Recognize Common Law Marriage?

No, Wyoming does not recognize the creation of new common law marriages within the state.

This means that simply living together for a period of time, referring to each other as husband and wife, or even sharing finances and raising children, does not constitute a legal marriage under Wyoming law.

Recognition of Out-of-State Common Law Marriages

Although Wyoming doesn’t allow common law marriages to originate within its jurisdiction, it does recognize valid common law marriages from other states where such unions are legal.

For example, if a couple legally formed a common law marriage in a state like Colorado or Texas and later moved to Wyoming, their marriage would still be valid and recognized.

This recognition is based on the legal principle known as “comity,” where states honor the laws and judicial decisions of others unless doing so would violate public policy.

Legal Options for Unmarried Couples in Wyoming

Even though common law marriage isn’t available in Wyoming, couples who cohabit long-term have some options to protect their rights:

• Cohabitation Agreements: Couples can create legally binding contracts that define their financial responsibilities, property rights, and other mutual obligations.
• Estate Planning Tools: Unmarried partners are not automatically entitled to inheritance without a will. Creating wills, trusts, and power of attorney documents is essential.
• Parental Rights: Unmarried parents still have legal avenues to establish custody, visitation, and child support through the courts.

These legal steps can help offer some of the protections that marriage typically provides.

Inheritance and Property Considerations

If an unmarried partner dies without a will in Wyoming, their surviving partner does not automatically inherit anything under the state’s intestacy laws. To avoid this issue, unmarried couples should:

• Draft clear wills and designate beneficiaries
• Consider joint ownership of major assets
• Establish durable powers of attorney for healthcare and finances

Conclusion

While common law marriage is not recognized in Wyoming, couples who formed such marriages in other states may still be considered legally married after moving to the state.

For Wyoming residents in long-term relationships without a formal marriage, proactive legal planning is essential to protect each partner’s rights and interests.

If you’re in a committed relationship and living in Wyoming, consider speaking with a family law attorney to ensure your legal and financial matters are in order.

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