Can you claim a common law marriage in one state while living in another state? I live in California which doesn't recognize common law marriage, and would like my "common law" marriage to be recognized. Although we never had a ceremony, I have been calling my partner "husband" for years and he calls me wife. Other states, like Montana recognize this as marriage. Since we have visited other states while we considered ourselves married, can we claim to have been married by common law in another state?
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common law marriage recognition in another state
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Can you claim a common law marriage in one state while living in another state? I live in California which doesn't recognize common law marriage, and would like my "common law" marriage to be recognized. Although we never had a ceremony, I have been calling my partner "husband" for years and he calls me wife. Other states, like Montana recognize this as marriage. Since we have visited other states while we considered ourselves married, can we claim to have been married by common law in another state?
tranquility
Senior Member
A couple who is married under common law in a state will have that marriage recognized in CA under comity. However, marriage laws for common law marriage will depend on your state of residence. If you were a resident of CA all that time, you will not have fullfiled the requirements of the statute in Montana.
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