What Is Common Law Marriage in California?

Common law marriage is a legal concept that recognizes a couple as being married, even if they did not go through a formal marriage ceremony or obtain a marriage license. In California, however, common law marriage is not recognized or valid. This means that couples who live together and act as if they are married do not have the same legal rights and responsibilities as legally married couples.

California is one of the few states in the United States that does not recognize common law marriage. In order to be legally married in California, a couple must obtain a marriage license and have a formal marriage ceremony performed by an authorized person, such as a judge or a religious official.

9 FAQs About Common Law Marriage in California:

1. Can we become common law married if we live together for a certain period of time in California?
No, California does not recognize common law marriage, regardless of the length of time a couple lives together.

2. What if we have children together and live as a married couple?
Having children together and living as a married couple does not automatically create a common law marriage in California. To be legally married, you must obtain a marriage license and have a formal ceremony.

3. Are there any benefits to being in a common law marriage in California?
No, since common law marriage is not recognized in California, couples in this situation do not have the same legal rights and protections as legally married couples.

4. Can we file joint tax returns if we are in a common law marriage in California?
No, only legally married couples can file joint tax returns in California.

5. What happens if we break up after living together for many years?
If you break up after living together, you are not entitled to any of the legal protections or rights that married couples have, such as spousal support or division of property. Each person will retain their own separate property.

6. Can we get a legal separation if we are in a common law marriage?
No, since common law marriage is not recognized in California, there is no legal process for a legal separation.

7. Can we get a divorce if we are in a common law marriage?
No, since common law marriage is not recognized in California, there is no legal process for a divorce. However, if you have a valid marriage in another state, you may be able to get a divorce in California.

8. Can we change our status to married by having a formal wedding ceremony?
No, having a formal wedding ceremony without obtaining a marriage license does not create a legally recognized marriage in California.

9. How can we protect our rights if we are in a long-term relationship but not legally married?
If you are in a long-term relationship but not legally married, you can protect your rights through other legal mechanisms, such as cohabitation agreements, property agreements, or domestic partnership registration. It is advisable to consult with an attorney to ensure you understand your rights and options in your specific situation.

In conclusion, common law marriage is not recognized or valid in California. Couples who live together and act as if they are married do not have the same legal rights and responsibilities as legally married couples. It is important to understand the legal implications of your relationship and consider alternative legal mechanisms to protect your rights if you are not legally married.