What are the rules for Common Law marriage in California?

The rules for common law marriage in California are… that there aren’t any. There’s no such thing as common law marriage in California.

California doesn’t think you’re married if you and your partner have been living together for 7 years. They won’t treat you as being married if you are on each other’s bank accounts. California doesn’t recognize any marriage that isn’t a legal, paper marriage. You are not married if you didn’t do the legal paperwork.

California’s requirements for marriage are:

• Two people who are over 18 years old

• Apply for California marriage license

• A ceremony must take place within 90 days of the issuance of the marriage license, but it can take place anywhere in California (doesn’t need to be the county that issued the license)

• The ceremony must be performed by an authorized individual

If you didn’t take those steps, then you are not married. Being married in California has certain benefits for most people, including tax benefits and ownership as community property.

If you are married or not will change how your estate planning attorney establishes your estate plan. Please be candid about your marital status, and discuss any questions or implications with your attorney directly.