No, California Does NOT Have Common Law Marriage

No, California Does Not Have Common Law Marriage

No, California Does Not Have Common Law Marriage.

What is Common Law Marriage?

Common law marriage when a couple is considered “married” by the state, even though there was no formal ceremony, license or certificate.

For states that recognize this, the following are requirements:  2 people have lived together; acted in a manner suggesting they are married – for so long and in such a manner that the State recognizes and confers them the same rights of those who are legally married.

Only Nine (9) States Have Common law Marriage

Currently, nine (9) states recognize common law marriage: Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas,  and Utah.  (and New Hampshire for probate purposes).

California Does Not Have Common Law Marriage

No, California does NOT have common law marriage.  However, California will recognize marriages that are valid in other states.  So, if you and your partner have lived in Texas and have a common law marriage recognized by Texas, California will recognize the marriage you had in Texas, even if it was created by common law.   California Family Code section 308: “A marriage contracted outside this state that would be valid by laws of the jurisdiction in which the marriage was contracted is valid in California.”

Doesn’t Matter If You Stay Together.

Why does this matter if you guys stay together?  It doesn’t.  Just Like a Prenup doesn’t Matter if you stay together. A marriage is a marriage is a marriage.

Does Matter If You Divorce

It only matters if you decide to leave each other.  In California, marriage confers rights and imposes obligations on spouses, notably community property and spousal support.  If you are not married but have lived together for a long time, this could create some issues when you decide to part.