QUESTION:

My girlfriend and I have been living together for 8 years. I was wondering if we qualify for a common law marriage in California? What exactly is a common law marriage?

ANSWER:

Common law marriage is the institution in which two heterosexual people have been living together in a manner similar to marriage, although they have not officially tied the knot. There are four particular stipulations for a common law marriage, they include: (1) a heterosexual couple living together in a state that recognizes common law marriage, (2) for a significant amount of time, (3) holding themselves out as a married couple (meaning that they refer to each other as husband and wife; and file a joint tax return), and they are intending to be married.

Unless all of these four are applicable to your relationship, there is no common law marriage. In addition, when a common law marriage exists, the couple must go through a formal divorce to end the relationship.
Common law marriages are only recognized in the following states: Alabama, Colorado, District of Columbia, Georgia (if created before January 1997), Idaho (if created before January 1996), Iowa, Kansas, Montana, New Hampshire (only for inheritance purposes), Ohio (if created before October 10, 1991), Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas and Utah.

California does not recognize common law marriages, thus even if you live together and intend to be married, you are not in the eyes of California law a married couple. You must go through the appropriate paperwork, get a blood test, and go through the marriage ceremony.

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