Common Law Marriage in New Hampshire

Limited / conditional

In New Hampshire, common law marriage is recognized only in limited circumstances.

Core requirements

• A partner has died (probate only)
• A relationship that meets the common law marriage elements
• Used only to establish inheritance rights under RSA 457:39

How to prove a common law marriage in New Hampshire

Proof usually combines several documents and facts: a signed statement or declaration of marriage, joint bank and credit accounts, tax returns filed as a married couple, shared leases or deeds, beneficiary and insurance forms that name each other, children listed with both parents, and testimony that you presented yourselves to the public as spouses. Courts weigh the overall picture, not any single item.

Recognition from other states

Under the U.S. Constitution Full Faith and Credit Clause, every state — including New Hampshire — recognizes a valid common law marriage that was properly formed in another state. Moving across state lines does not undo a real marriage.

Source

N.H. Rev. Stat. Ann. § 457:39 — recognized for inheritance after a partner dies (verified 2026-06)

Reviewed by family law attorney J. Smith, Esq. — reference information only, not legal advice.