Does Florida recognize a common law marriage? Sometimes. Fla. Stat. § 741.211 provides, “[n]o common-law marriage entered into after January 1, 1968, shall be valid….” Although Florida no longer recognizes the validity of common law marriages created after January 1, 1968, Florida will respect a common law marriage validly created in a jurisdiction recognizing such marriages. American Airlines, Inc. v. Mejia, 766 So.2d 305 (Fla. 4th DCA 2000). So a legal question could remain for property owners who were a couple in a state that recognizes common law marriages.

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