California State Laws on Common Law Relationships
Many states in America honor common law marriages, but California is not one of them. Many people in California believe that if two people are living together as a couple, it automatically constitutes a common law marriage, but that is not the case.
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Common Law Definition
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Common law marriage is when a heterosexual couple live together; the length of time the couple live together is not defined by the state. The couple presents themselves as a married couple by using the same last names and filing joint tax returns.
California Marriage Law
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Before a couple can get married in California, they must first take a blood test and then apply for a marriage license. A marriage license is valid for 90 days.
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Common Law Accepted States
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The states that recognize common law marriages are Colorado, Kansas, Rhode Island, Texas, Washington, Alabama, Iowa, Montana and South Carolina. In addition, some states recognize common law marriages before a certain date. These states are Idaho, which acknowledges those created before 1996; Oklahoma for those before 1998; Georgia, which recognizes those that existed before 1997; Ohio, which acknowledges those created before 1991; and Pennsylvania, which recognizes those established before 2003. New Hampshire also recognizes common law marriages but only for the intention of inheritance.
Expert Insight
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California will only recognize common law marriage if the couple moves from a state that recognizes common law marriage, according to the Free Law Legal Advice website.
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References
- Photo Credit couple image by cherie from Fotolia.com
