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CA Common Law Marriage: What You Need to Know
Introduction
Think you’re “basically married” because you’ve lived together for 7 years in California? The concept of California common law marriage, which involves legal implications for couples who have lived together for an extended period without formalizing their relationship through marriage, is often misunderstood. Let’s bust some myths and protect your rights.
Understanding Common Law Marriage
Definition of Common Law Marriage
Common law marriage is a type of marriage that some states recognize, where a couple is considered legally married without having formally registered their union with the state. This type of marriage is also known as “non-ceremonial marriage” or “informal marriage.” In a common law marriage, the couple lives together, shares finances, and may have children together, but they do not have a marriage license or a formal ceremony. Essentially, the couple is treated as married in the eyes of the law, even though they never went through the traditional legal steps to get married.
Does California Recognize Common Law Marriage?
No, California does not recognize common-law marriage. According to California Family Code Section 300, marriage is “a personal relation arising out of a civil contract between two persons, to which the consent of the parties capable of making that contract is necessary.” This statute effectively eliminates the possibility of common-law marriage in the state. However, California does recognize common law marriages that were established in other states that recognize such unions. So, if you have a valid common law marriage from another state, California will recognize it as a legal marriage.
Top 5 Myths vs. Reality
Myth 1: “We’ve lived together for 7 years, so we’re common law married.”
Reality: California doesn’t recognize common law marriage, no matter how long you’ve lived together.
Myth 2: “We file taxes together, so we’re legally married.”
Reality: Joint tax filing doesn’t create a marriage. Only a valid marriage license or registered domestic partnership counts. Married couples automatically receive legal protections and rights related to property, child support, and other aspects of family law, which contrasts with the more complex legal landscape faced by unmarried couples in California.
Myth 3: “We’ve been introducing ourselves as married.”
Reality: Social presentation doesn’t create legal marriage in California.
Myth 4: “We have kids together, so we’re automatically considered married.”
Reality: Parenthood and marriage are separate legal statuses.
It is crucial to understand the legal rights and obligations of both married and unmarried parents, particularly regarding child custody arrangements.
Myth 5: “My partner’s debts are my debts because we live together.”
Reality: Unmarried partners’ debts remain separate unless jointly signed.
If This, Then That: Legal Solutions
What If You’re Living Together:
- ✓ Create a cohabitation agreement
- ✓ Keep property records separate
- ✓ Document major purchases
- ✗ Don’t assume shared property rights
If You Have Children Together:
- ✓ Establish legal parentage
- ✓ Create a custody agreement
- ✓ Set up child support arrangements
- ✗ Don’t rely on verbal agreements
It is crucial to consult a family law attorney to navigate the complexities of child custody and support arrangements.
If You Share Finances:
- ✓ Document ownership of accounts
- ✓ Keep inheritance separate
- ✓ Create written agreements for shared expenses
- ✗ Don’t mix personal and shared assets
Real Case Laws & Precedents
Marvin v. Marvin (1976)
- Established “palimony” in California
- Created basis for contract rights between unmarried couples
- Case citation: 18 Cal.3d 660
- Impact: Unmarried couples can create enforceable agreements
Marriage of Cary (1974)
- Ruled on property rights for unmarried couples
- Case citation: 34 Cal.App.3d 345
- Impact: The established need for explicit agreements
Property Division and Spousal Support
Property Division in California
In California, property division is governed by the state’s community property laws. When a couple gets divorced, their community property is divided equally. Community property includes all property acquired during the marriage, such as real estate, personal property, and financial assets. However, if a couple is not married, they do not have the same rights to property division. Unmarried couples may need to establish their rights to property through other means, such as a domestic partnership or a cohabitation agreement.
In the case of a common law marriage, property division can be more complex. If a couple has a valid common law marriage in another state, California may recognize their marriage and apply its community property laws to their property division. However, if the couple does not have a valid common law marriage, they may need to establish their rights to property through other means.
Things People Should Know
Legal Protections Available:
- Domestic Partnership Registration
- Cohabitation Agreements
- Property Co-ownership Agreements
- Power of Attorney
- Healthcare Directives
- Hiring an experienced family law attorney to navigate the complexities of family law issues and secure one’s legal rights
Warning Signs to Watch For:
- Partner refusing to put agreements in writing
- Pressure to combine all assets
- Resistance to legal documentation
- Claims about automatic rights
FAQ
Q: Can we create our marriage contract? A: No, marriage is governed by state law.
Q: What if we got common law married in another state? A: California will recognize valid common-law marriages from other states.
Q: Do I have any rights after a long-term relationship ends? A: Yes, but they must be based on explicit agreements or contributions.
Resources & Next Steps
Legal Help:
- California Courts Self-Help: www.courts.ca.gov
- Legal Aid Foundation: www.lafla.org
- California Bar Association Referrals
Important Documents to Create:
- Property Agreement
- Healthcare Directive
- Financial Agreement
- Estate Planning Documents
Conclusion
While California doesn’t recognize common-law marriage, you have many legal tools to protect your rights. The key is proper documentation and explicit agreements.
Remember: When in doubt, get it in writing and consult a legal professional.
#CaliforniaLaw #LegalRights #RelationshipLaw
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