Legal Question in Family Law in California

Common Law Marriage

In California what is the number of years a couple must invest to be considered ''common Law'' marriage?

Once determined. In the event of a split, are assest generally split 50/50?

Hope my question makes sense. Thanks!


Asked on 5/09/04, 1:38 am

2 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Common Law Marriage

California does not acknowledge a common law marriage. So no matter how many years together in California, not considered married. If already met requirements in another state that accepts common law marriage, California will then accept that.

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Answered on 5/10/04, 1:06 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Common Law Marriage

California has no privision for common law marriage. No matter how low they live together and hold themselves out as husband and wife there is no marriage. California does however recognize common law marriages when an couple move to california after meeting the requirements for common law marriage in another state.

Couples that just live together, and then separate are not subject to family law provisions. Any property division is base on what can be proved as the agreement that they entered into during the time the lived together.

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Answered on 5/09/04, 5:58 pm


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