What is common law marriage?

Written By Natasha Carroll-Ferrary

What is common law marriage? There is no such thing in California. California doesn’t recognize any marriage that isn’t a legal, paper marriage. It doesn’t matter if you lived together for X period of time or are on each other’s bank accounts. You are not married if you didn’t do the legal paperwork.

California has requirements for what a marriage is:

  • 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.

Natasha Carroll-Ferrary
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