How does California treat Common Law Marriage?

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The state of California does NOT recognize Common Law Marriages.
Actually California does NOT recognize common law marriage. IT DOESNT MATTERI IF You have
beEN living with a partner of the opposite sex for 5 years OR 1000 YEARS.
IF YOU ARE A "REGISTERED DOMESTIC PARTNER" YOU HAVE SOME RIGHTS BUT YOU SHOULD TALK TO A FAMILY LAW LAWYER OR YOUR LOCAL LEGAL AID FOUNDATION. LOOK UP LAWS IN YOUR STATE AND COUNTY FOR MORE SPECIFIC CITATIONS.



In a handful of states, heterosexual couples can become legally married without a license or ceremony. This type of marriage is called a common law marriage. Contrary to popular belief, a common law marriage is not created when two people simply live together for a certain number of years. In order to have a valid common law marriage, the couple must do all of the following:
  • live together for a significant period of time (not defined in any state)
  • hold themselves out as a married couple -- typically this means using the same last name, referring to the other as "my husband" or "my wife," and filing a joint tax return, and
  • intend to be married.


When a common law marriage exists, the spouses receive the same legal treatment given to formally married couples, including the requirement that they go through a legal divorce to end the marriage.
Common law marriage is recognized only in the following states:
Alabama
Colorado
District of Columbia
Georgia (if created before 1/1/97)
Idaho (if created before 1/1/96)
Iowa
Kansas
Montana
New Hampshire (for inheritance purposes only)
Ohio (if created before 10/10/91)
Oklahoma
Pennsylvania
Rhode Island
South Carolina
Texas
Utah
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First answer by ID3486020678. Last edit by Kalifonia. Contributor trust: 0 [recommend contributor recommended]. Question popularity: 30 [recommend question].