cause she is saying we are by common law is it true?
2006-09-21 05:00:19 · 7 answers · asked by joe 2 in Family & Relationships ➔ Other - Family & Relationships
NO, common law marriage is not recognized in CA.. read on...
"Are common law marriages recognized after a substantial time of cohabitation (7 or 8 years)?
Not in California. "Marriage is a personal relation arising out of a civil contract between a man and a woman, to which the consent of the parties capable of making that contract is necessary." Consent alone will not constitute Marriage; it must be followed by the issuance of a license and solemnization as authorized by the California
Code." Summary of California Law, 9th ed., Witkin, Vol. 11, sec. 37 "
here are the exceptions:
"Are there exceptions to this rule? Sure, there are always exceptions to every rule of law. Without intending an exhaustive list, relevant exceptions include (a) common law marriages recognized in another jurisdiction, (b) the putative marriage doctrine, (c) Marvin relationships. "
2006-09-21 05:14:48 · answer #1 · answered by Nicky G 2 · 0⤊ 0⤋
Seven years is considered a common law marriage in California. Believe it or not, after that seven years, the community property laws are in effect for that state.
2006-09-21 05:03:13 · answer #2 · answered by cgspitfire 6 · 0⤊ 0⤋
Does California recognize common law marriages?
California has abolished the recognition of common law marriages. Therefore, there is no such thing as a "common law husband" or a "common law wife" in California. However, nonmarital partners may have created certain rights and responsibilities as a result of their partnership and subsequent conduct. In general, actions to enforce these rights have been called "Marvin actions" (named after actor Lee Marvin and his court battle with Michelle Marvin.) They rely on principles of contract law and equity. In general, such actions assert claims on the property and income of one of the nonmarital partners.
If there are children involved, then custody, support and visitation of the children are governed by the Family Code.
2006-09-21 05:10:04 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Common law marriages are recognized in all states , unless something has changed recently.
2006-09-21 05:03:13 · answer #4 · answered by WC 7 · 0⤊ 0⤋
California would not enable uncomplicated regulation marriage to be ordinary interior its borders. although, it does recognize uncomplicated regulation marriages ordinary in states that enable for the employer of uncomplicated regulation marriage. States that enable uncomplicated regulation marriages to be ordinary w/ in it extremely is borders: Alabama, Colorado, District of Columbia, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas, Utah uncomplicated regulation marriage is comparable to usual marriage, even though it has no formal place of work work.
2016-10-17 09:40:11 · answer #5 · answered by ? 4 · 0⤊ 0⤋
yes, after seven years of living with somebody, you wil be married under the common law.
2006-09-21 05:04:36 · answer #6 · answered by rucrazy? 2 · 0⤊ 0⤋
http://www.nolo.com/article.cfm/pg/2/objectId/709FAEE4-ABEA-4E17-BA34836388313A3C/catId/697DBAFE-20FF-467A-9E9395985EE7E825/118/304/192/FAQ/
the above link lists states where common law marriages are recognized. As long as she is still using her last name and not yours, aslong as you haven't filed a joint tax return, and as long you don't have a joint checking account. Your union will not be recognized as common law anywhere in the country.
2006-09-21 05:07:02 · answer #7 · answered by Anonymous · 0⤊ 0⤋