In 2026, the Utah Legislature passed bill S.B. 110, which will abolish common-law marriages in Utah beginning May 5, 2027. On or after May 5, 2027, Utah residents will no longer have the option to petition a court to recognize a relationship as a marriage, if the parties never actually married each other.
There is currently a statute in Utah, Utah Code Ann. § 81-2-408 (formerly § 30-1-4.5, originally enacted in 1987), which allows our courts to find that a legal and valid marriage exists between two people who were never married, if certain facts can be established to a judge's satisfaction. (Those facts include cohabitation, mutually assuming marital duties, acquiring a general reputation as spouses, etc.) This law is often referred to as our "common-law marriage" statute. Utah is one of only a handful of states that still allows common-law marriages to be established by a court.
However, Utah will be joining the majority of other states and removing the option to establish a common-law marriage, beginning May 5, 2027. The statute, Utah Code Ann. § 81-2-408, will soon be amended to state: "On and after May 5, 2027, an individual may not file a petition" [for a common-law marriage].
In recent years, typically a common-law marriage case was commenced if one of the parties died, or the parties split up. In situations of death, the surviving party wished to establish probate/intestate rights as a "surviving spouse." In situations where the relationship ended, one of the parties wished to establish a marriage so they could then obtain a divorce, and be entitled to the rights and protections of Utah divorce laws. A party must file a petition to recognize their relationship as a marriage no later than one year following the termination of the relationship.
If this might describe your situation, please be aware the final day you can file a common-law marriage petition in Utah is May 4, 2027. Even if your relationship terminates less than a year before May 4, 2027, your deadline will still be May 4, 2027.
After common-law marriages are abolished in Utah, you might wonder what would happen if you and your partner were to break up without ever getting married. Importantly, Utah's custody laws will still provide you the opportunity to petition the court for a custody, paternity, or parentage order, if you share one or more minor child together. Utah's laws about custody, parent-time, child support, sharing children's medical expenses, and other such laws regarding children, will be applicable to your situation. However, Utah's divorce laws not having to do with children will not be applicable. Neither party will have the right to petition for a divorce decree, to receive alimony, to establish separately owned property as marital (as might be applicable), to rely upon divorce laws to split their jointly-owned assets and debts equitably, etc.
On and after May 5, 2027, the only way to protect and establish your rights as a spouse in Utah will be to officially solemnize your relationship as a marriage. See Utah Code Ann. § 301 et seq. (Marriage License and Solemnization). Even before May 5, 2027, it would generally be wise to protect and establish your rights this way (i.e., by getting married), as it is far less expensive, both financially and emotionally, than a common-law marriage trial.
That being said, if you or someone you know is considering filing a petition for a common-law marriage before May 5, 2027, feel free to call us at 801-365-1030 and ask to schedule a consultation with Tatiana Quinn.