Common Law Marriage in California
State-specific overview · Family Law
California does not recognize common law marriage, requiring a valid license and ceremony for all marriages.
How California treats Common Law Marriage
California abolished common law marriage and requires all couples to obtain a marriage license and have the marriage solemnized by an authorized person. The state does not recognize common law marriages created within California after the abolition. However, California does recognize common law marriages validly created in other states that permit them, applying conflict-of-laws principles. Cohabitation alone, regardless of duration or intent, does not create a legal marriage in California.
The general definition of Common Law Marriage
A marriage created by mutual agreement and cohabitation, without a formal ceremony or license.
Common law marriage is a legal marriage that exists without a wedding ceremony or marriage license, based simply on a couple's agreement to be married and their living together as spouses. Not all states recognize it, but those that do treat common law marriages the same as formal ones for purposes of property division, inheritance, and divorce. The couple must meet specific requirements, like living together for a certain period and presenting themselves publicly as married.
Read the full Common Law Marriage entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in California.