Legal Question in Family Law in California

Re: Common Law Marriage

Dear Inquirer:

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Now, in response to your inquiry --

Common Law Marriage was abolished in California

long ago. However, a "common law marriage"

(marriage predicated solely on consent and

cohabitation without license and solemnization)

entered into in a jurisdiction that validates

same will be recognized for all purposes in

California. But if the out-of-state jurisdiction

does not recognize a purported common law

marriage, neither will California. Also, if the

couple has a reasonable objective belief that they

do in fact have a California Common Law marriage,

there is a split of authority as to whether it

can be recognized.