Common Law Marriage

Common Law Marriage

In most states, to include California, marriage is defined by statute.  However, ten states, and the District of Columbia, recognize common law marriages.  What comprises a common law marriage differs from state to state.  Generally, such marriage arises by cohabitation by persons who have the capacity to marry, who agree to be married, and who openly holding out to the world as a married couple.  An agreement need not be expressed but can be implied by the conduct alone.