Does Arizona have common law marriage? No. Arizona does not create common-law marriages. Under A.R.S. § 25-111, a marriage shall not be contracted by agreement without a marriage ceremony, and a marriage contracted within this state is not valid unless a license is issued, the marriage is solemnized, and solemnization happens before the license expires.
Does Arizona recognize common law marriage from another state? Often yes—if it was valid where formed. A.R.S. § 25-112(A) provides that marriages valid by the laws of the place where contracted are valid in Arizona, except marriages void and prohibited by A.R.S. § 25-101. That recognition is a legal determination; it is not automatic simply because a couple lived together elsewhere.
Data note: Citations are to A.R.S. §§ 25-111 and 25-112 on azleg.gov (fetched November 6, 2026). Secondary legal explainers that cite the same statutes align with this reading. This is general information for home buyers and sellers—not legal advice. Marriage, divorce, and title questions belong with an Arizona-licensed attorney.
Common-Law Marriage in Arizona at a Glance
- Create a new common-law marriage in Arizona: No
- Statute requiring ceremony/license in-state: A.R.S. § 25-111
- Recognize a marriage valid where contracted: A.R.S. § 25-112(A) (with § 25-101 exceptions)
- Living together for years in Arizona: does not equal marriage
- Out-of-state common-law marriage: may be recognized if proven valid under that state’s law
- Home buying: marital status affects vesting, community property, and sometimes loan/homestead paperwork
- Fair housing: every buyer is welcome to shop for housing; marital-status rules are about legal capacity and title, not who “belongs” in a neighborhood
What A.R.S. § 25-111 Actually Requires
Arizona’s marriage chapter is direct.
No marriage by private agreement alone
§ 25-111(A): “A marriage shall not be contracted by agreement without a marriage ceremony.”
Three in-state validity requirements
§ 25-111(B) says a marriage contracted within Arizona is not valid unless all of the following occur:
- A license is issued as provided in Title 25
- The marriage is solemnized by a person authorized by law (or by a person purporting to act in that capacity and believed in good faith by at least one party to be authorized)
- Solemnization occurs before the marriage license expires
Those requirements are why “we’ve lived together seven years in Scottsdale” does not create a marriage under Arizona law. There is no Arizona statute that turns cohabitation into marriage after a set number of years.
Out-of-State Recognition Under A.R.S. § 25-112
Valid where contracted → generally valid here
§ 25-112(A): “Marriages valid by the laws of the place where contracted are valid in this state, except marriages that are void and prohibited by section 25-101.”
That is the statutory hook for recognizing a valid out-of-state common-law marriage. Arizona is not “creating” the marriage; it is treating as valid a marriage that another jurisdiction already recognized under its own rules.
Important limits in the same statute
- § 25-112(B) addresses marriages solemnized in another state or country by parties intending to reside in Arizona—they generally have the same effect as if solemnized here (again subject to § 25-101).
- § 25-112(C) says parties residing in Arizona may not evade Arizona marriage laws by going elsewhere for solemnization.
Proving an out-of-state common-law marriage typically requires evidence that the couple met that state’s legal elements (capacity, intent, cohabitation, holding out, or whatever that state required). Courts—not real estate blogs—decide those facts. Speak with a family-law attorney before you assert married status on a deed, loan application, or divorce filing.
Why This Matters When You Buy or Sell a Home
Title and vesting
Married spouses and unmarried co-buyers often take title differently (for example, community property with right of survivorship versus tenants in common or joint tenancy—options your title company and attorney can explain). If one partner assumes they are married under common law and the other does not, escrow can stall.
Community property
Arizona is a community property state for spouses. Unmarried partners do not automatically receive community-property treatment. Related reading: Is Arizona a community property state?
Homestead and protections
Homestead and related protections can turn on ownership and marital status. See Arizona homestead exemption 2026. Do not assume cohabitation alone creates those rights.
Practical checklist before you write an offer
- Confirm how each buyer will be named on the contract and deed
- If you claim an out-of-state common-law marriage, get attorney confirmation in writing before underwriting and recording
- Align loan applications, marital-status disclosures, and vesting instructions
- Consider a cohabitation agreement or clear co-ownership terms if you are not married—again, attorney territory
- Ask early; fixing vesting after closing is harder than getting it right in escrow
Related: quitclaim deed Arizona · how to sell a house in a trust in Arizona · can I back out of buying a house in Arizona?
“When unmarried partners buy together, I ask about vesting in the first meeting—not the week of closing. Arizona does not invent a marriage from a shared lease or a joint bank account. If you have a common-law marriage from another state, let’s get counsel involved early so title, the lender, and both of you are telling the same story.”
— Elizabeth Vijan, Tackett Team, eXp Realty
Frequently Asked Questions
Does Arizona have common law marriage?
No. Arizona requires a license and solemnization for marriages contracted in the state (A.R.S. § 25-111).
Does Arizona recognize common law marriage from other states?
If it was valid where contracted, Arizona generally treats it as valid under A.R.S. § 25-112(A), subject to § 25-101. Proof is a legal issue.
If we live together in Arizona for years, are we married?
No. Cohabitation in Arizona does not create a marriage under § 25-111.
How does this affect buying a house in Arizona?
Marital status affects title vesting, community-property treatment, and related paperwork. Confirm status with an attorney before you close.
Buying Together? Let’s Get Title Right From Day One
Whether you are married, newly arrived with an out-of-state marriage question, or buying as unmarried co-owners, I will coordinate with your title company and point you to counsel when the legal questions go beyond brokerage work.
Elizabeth Vijan | Tackett Team, eXp Realty
Scottsdale & Phoenix Real Estate Specialist
Talk With Elizabeth · Call or text 602-885-7752
Sources: A.R.S. § 25-111 (license and solemnization) · A.R.S. § 25-112 (marriages contracted in another state) · Arizona Law Group explainer citing §§ 25-111 and 25-112
Disclaimer: General information only—not legal advice. Marriage, divorce, estate, and title outcomes depend on your facts and current law. Consult an Arizona-licensed attorney. Fair housing laws apply; this article does not suggest any neighborhood is meant for a particular group. Information deemed reliable but not guaranteed. Equal Housing Opportunity.
Tackett Team, eXp Realty · Get in touch