Legal Question in Family Law in California

Common Law Marriage

What are the terms and how long do you have to live together before being "Common Law" married in the state of California?


Asked on 9/11/00, 5:25 pm

2 Answers from Attorneys

Diana Mercer Peace Talks Mediation Services

Re: Common Law Marriage

California doesn't recognize common law marriages. Sometimes you can proceed under a contract theory (think of the Lee Marvin / Michelle Triola palimony case), especially if you own property together.

If you have children together, all the usual child support and custody laws apply.

If you're having trouble separating, mediation is a good option for helping you decide who takes what and a civil way to sort things out---especially since the law typically provides you few options. If you're in the LA area and would like more information, please phone for a free consultation (310) 236-4400, or visit our web site www.peace-talks.com. If you're out of the area, Mosten Mediation Centers are all over and they have an 800 number (800) 286-0777. Their web site it www.mostenmediation.com.

Good luck!

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Answered on 10/12/00, 11:43 am
Michael Gray Barber & Gray, LLP

Re: Common Law Marriage

There is absolutely no such thing as "common law marriage" in California even if you live together for 50 years or more.

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Answered on 10/12/00, 11:44 am


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