Common Law Marriage California

Most states do not legally recognize common law marriage. California is one of the states that won't grant legal married status without a license. However, if a couple is married under common law in another state, the marriage is still recognized as valid if they later move to California. This can create problems if a couple has inadvertently met the requirements for common law marriage in a state such as Texas. They may mistakenly believe that this will be automatically annulled if they move to another state. California does make provisions for domestic partnerships. Couples who wish to create a cohabitation agreement can do so. This can govern such decisions as the division of property in the event that the couple later separates. It can also outline inheritance expectations and whether or not one partner can make medical decisions if the other is incapacitated. Such agreements may still be disputed by family members - especially in the case of same sex relationships.

Fast Facts

  • California stopped permitting common law marriage in 1895.
  • If a cohabitating couple breaks up, one may sue the other for palimony (partner support).
  • Disputes between couples who are cohabiting fall under the jurisdiction of civil rather than family courts.

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