Common law marriage is often confusing when understanding California marriage laws. Many believe that when you live together for a certain number of years and present your relationship as married in public, it grants them the legal status as married. It’s much more complex, especially since California doesn’t recognize common law marriage.
Couples residing in California must understand how this impacts their rights and responsibilities, especially in separation, property division, and estate planning situations. This article will discuss how common law marriage works in California, how it affects couples, and the legal options available to those who want to protect their rights.
What is Common Law Marriage?
Common law marriage refers to a union between two people who live together and present themselves as married without undergoing a formal wedding or obtaining a marriage license. In some states, couples in long-term relationships who fulfill certain requirements can legally marry, even without formalizing the marriage in court. These requirements typically include cohabitation, mutual consent to marry, and presenting themselves as married publicly.
In states recognizing common law marriage, couples may enjoy the same legal rights as those formally married, including property division, spousal support, and inheritance rights. However, this is not the case in California.
Is Common Law Marriage Recognized in California?
Regardless of the commitment each person has in the relationship or how long the couple has lived together, California does not recognize common law marriages. You can live together for decades in California without being legally recognized as married. While this might seem like a minor technicality, the lack of legal recognition can have significant consequences in several areas of life, especially if the relationship ends or if one partner passes away.
The only exception to this rule occurs when a couple is considered legally married under common law in another state. If a couple enters a valid common law marriage in a state that recognizes it and later moves to California, the state will honor that marriage.
The Impact of Living Together in California
Though California does not recognize common law marriages, couples who live together can still face legal challenges, particularly regarding property division and financial obligations. Couples often co-mingle their assets, purchase property together, or even start families without formalizing their relationship through marriage.
When the relationship ends, dividing property and assets can become complicated. California law provides limited protections for unmarried couples who are not legally married.
For example, there are no automatic rights to spousal support (alimony) or an equitable division of property. However, couples can enter into legal agreements, such as cohabitation agreements, to outline property rights, financial responsibilities, and other legal matters. These agreements can function similarly to prenuptial agreements for unmarried couples, offering a level of protection if the relationship ends.
Palimony Claims in California
In some cases, unmarried partners may be able to seek financial support after a breakup through what is known as a “palimony” claim. Palimony refers to financial support awarded to one partner in an unmarried relationship after separation, similar to alimony in a divorce.
However, it is crucial to understand that palimony claims are not automatic and can be challenging to prove. To succeed in a palimony claim, the requesting partner must demonstrate an agreement, either written or verbal, for one partner to provide financial support in the event of separation.
This often requires clear and convincing evidence that such a promise was made, which can be challenging to establish in court. Unlike alimony in a traditional divorce, palimony is not based on the length of the relationship or the financial disparity between the parties. It is solely dependent on the existence of an enforceable agreement.
Property Rights for Unmarried Couples
One of the most significant challenges for unmarried couples in California is the need for clear property rights. When a married couple divorces, California’s community property laws dictate that all assets acquired during the marriage are divided equally. However, these protections do not apply to unmarried couples.
Property is typically divided based on ownership if the couple is not legally married. This means that if a couple purchased a home together, the division of the property would depend on whose name is on the title. The property will be divided accordingly if both partners are listed as co-owners. If only one partner’s name appears on the deed, that partner would generally retain full ownership of the property.
This can lead to significant legal battles, especially if one partner believes they are entitled to a portion of the property because of their contributions to the household, such as paying bills or making improvements to the home. For this reason, unmarried couples are strongly encouraged to create legal agreements, such as cohabitation or property ownership agreements, to outline their rights and responsibilities.
Estate Planning for Unmarried Couples
Another important consideration for unmarried couples in California is estate planning. Without the legal protections of marriage, a surviving partner may have no right to inherit property or assets if the other partner dies without a will.
When a person dies without a will, that is called dying intestate, and their assets are distributed to their closest living relatives under the state’s intestacy laws. This often means that an unmarried partner may receive nothing, even if the couple has been together for many years.
To ensure that your partner is taken care of after your death, it is essential to create a comprehensive estate plan. This can include drafting a will, creating a living trust, and designating your partner as a beneficiary on life insurance policies or retirement accounts.
Do You Still Have Questions About Common Law Marriage in California? Azemika & Azemika Has Answers
Although California does not recognize common law marriage, unmarried couples can still protect themselves by understanding their legal rights and taking proactive steps to secure their future. If you and your partner are living together in California and want to ensure your rights are protected, it’s essential to seek legal advice from a knowledgeable family law attorney.
At Azemika & Azemika, we can help you navigate the complexities of California law, offering guidance on cohabitation agreements, property rights, and estate planning. Let our expert team of family law attorneys ensure you and your partner are prepared for the future.
Contact us today to schedule a consultation.