Only a few states recognize common law marriage, including Colorado. Common law marriage does not exist in California. No documentation is required to create a common law marriage. Simply living together and having a mutual understanding or agreement between the partners that they are husband and wife may enough to create this marriage. And once married, it’s exactly the same as every other marriage.
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Only a few states recognize common law marriage:
Even though there are no required documents to be considered married by common law, there are qualifying factors:
In some instances, if the time to separate occurs and one party denies ever entering into such an agreement, such as common law marriage, there are several factors the court will consider in finding validation:
The short answer is yes. The only two ways to dissolve a common law marriage are through filing for divorce or the death of one spouse.
Common Law
Written by: Clarissa Lopez Reviewed by: Jordan Walker, J.D Last Updated: November 2026 Key Takeaways California doesn’t create common law marriages, no matter how long you live together. Unmarried partners...
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COMMON LAW MARRIAGE IN CALIFORNIA Living together for years does not make a couple legally married in California. But a valid common law marriage formed somewhere else may still be...
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Updated: July 22, 2026 Estimated reading time: 16 minutes As of 2026, eight states—Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas, and Utah—have a current path for recognizing a new...
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