I assume that you and your partner never walked down the aisle of a church, or you probably wouldn’t be asking, the question “Are you common law married”? It depends on upon the facts surrounding your case. If you’ve held yourselves out, in good faith, as husband and wife, and normally cohabitated or lived together, then possibly you are married. The court looks at all the factors that surround your situation. Did you tell your friends you’re married? Did you file your tax returns jointly as a couple? Those are the things that married couples do, and the court would look at all the facts.