Common law marriage—also known as marriage without formalities or informal marriage—is marriage without a wedding or marriage ceremony and without a marriage license. Some states recognize common law marriage under certain circumstances—such as when the parties agree to be married, live together (cohabit) after agreeing to be married, and represent to others that they are married (holding themselves out as a married couple).

Other states previously recognized common law marriages, but no longer recognize such marriages after a certain date on which the law was changed—usually by statute. In other states, common law marriage has not been recognized by the legislature in a statute, but the courts have recognized common law marriage in court opinions or case law.

Tennessee does not recognize common law marriages created within its borders. This means that couples cannot become legally married in Tennessee without obtaining a marriage license and having a formal ceremony. However, Tennessee does recognize common law marriages that were validly created in other states where common law marriage is recognized. This recognition is based on the principle of comity, which means that Tennessee respects the laws and judicial decisions of other states. Therefore, if a couple has a valid common law marriage from another state, Tennessee will consider them married for legal purposes. It is important for individuals in such relationships to understand their legal status, especially when dealing with issues such as inheritance, property rights, and divorce. An attorney can provide specific guidance on how Tennessee law may apply to their situation.