Q: Does a Mortgage contract provide evidence of marriage in the State of California ?
Mortgage contract list my parents as a married couple. Is the mortgage contract evidence of a marriage ?
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A:
A mortgage contract alone does not provide conclusive evidence of a legal marriage in the State of California. While a mortgage contract may list two individuals as a married couple, it is not an official document that establishes or proves the legal status of their marriage.
In California, a couple is considered legally married if they:
1. Obtained a marriage license from a County Clerk's office, and
2. Had a ceremony performed by an authorized officiant, such as a judge, minister, priest, or rabbi.
The official proof of marriage in California is typically a marriage certificate issued by the county where the marriage took place. This document is separate from any mortgage contracts or other financial agreements.
However, if there is a dispute regarding the marriage's validity, a mortgage contract naming the couple as married might be used as supporting evidence in conjunction with other documentation. Nonetheless, it does not independently prove the existence of a legal marriage under California law.
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