Living Together Is Not Marriage
Fam. Code 300 — consent alone does not constitute marriage
In California, marriage is a personal relation arising out of a civil contract to which the parties' consent is necessary, but consent alone does not constitute marriage. Consent must be followed by the issuance of a license and solemnization, except as the code provides.
The license becomes the certificate. The document issued by the county clerk is a marriage license until it is registered with the county recorder, when it becomes a marriage certificate.
| The assumption | What the law actually does |
|---|---|
| The assumptionAgreeing to be married, and living as married, is enough | What the law actually doesConsent alone does not constitute marriage |
| The assumptionThe paperwork is a formality | What the law actually doesA license and solemnization are what follow the consent |
A marriage validly formed in another state, property and support claims between unmarried partners, and how a marriage ends are separate questions this page does not answer. Whether a particular relationship is a marriage is a question for a licensed California attorney.
Sources for this section (1)
- Fam. Code 300 — Validity of marriage: consent, license and solemnization
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.