Legal Question in Family Law in California

no CA common law marriage? Now what?

My grandparents have been together for over 50 years. We recently found out they were never married. We are concerned when one passes the other will have an inheritence issue. Does the fact that they have lived together as husband and wife portraying even to their own families that they were married make any difference? They were each married/divorced previously and have no biological children together. They have 4 grandchildren and 5 great-grandchildren that they consider their own. If asked to prove marriage would this be enough to be valid versus recognized?


Asked on 3/13/07, 7:36 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: no CA common law marriage? Now what?

There could potentially be problems with the inheritance of property in case of the death of one of them. There are two possible solutions. First they could each prepare a will giving their property to the other party. Second they could obtain a confidential marriage license and have a very private wedding ceremony. Confidential marriage license information is not available to the public. If they lived in a state other than California and met with requirements for a common law marriage, California would recognize that common law marriage. The will is the best approach of the three stated above.

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Answered on 3/27/07, 1:34 am


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