common law marriage

What is the name of your state? California
What are the laws regarding common law marriage in California? Is it recognized?

kat1962 said:

What is the name of your state? California
What are the laws regarding common law marriage in California? Is it recognized?

Click to expand...

My response:

California law does not recognize the concept of common law marriage that would be "created" within the State. A valid marriage cannot be created in California solely by the parties' consent or mere cohabitation. [Ca Fam § 300; Norman v. Norman (1898) 121 Cal. 620, 628, 54 P 143, 145-146; Centinela Hosp. Med. Center v. Super.Ct. (Willis) (1989) 215 Cal.App.3d 971, 975, 263 Cal.Rptr. 672, 674]

However, a "common law marriage" (marriage predicated solely on consent and cohabitation without license and solemnization) entered into in a jurisdiction that validates same will be recognized for all purposes in California. [Marriage of Smyklo, supra; Tatum v. Tatum (9th Cir. 1957) 241 F.2d 401, 407; Colbert v. Colbert (1946) 28 Cal.2d 276, 280, 169 P.2d 633, 635]

IAAL