Common law marriage is a unique form of legal recognition for couples who live together and present themselves as married without a formal ceremony or marriage license. While common law marriage is not recognized in all states, California is one of the few jurisdictions that still acknowledges it under specific circumstances. In this article, we delve into the criteria for common law marriage in California, shedding light on the legal requirements and implications for couples seeking this type of recognition.
Common Law Marriage in California: An Overview
Definition:
Common Law Marriage Defined: In California, common law marriage is often referred to as “marriage by habit and repute,” signifying that a couple is considered legally married due to their actions and reputation within the community.
Absence of Formal Marriage: Unlike traditional marriages that require a marriage license and ceremony, common law marriage is established without any formalities.
Recognition:
California’s Stance: While common law marriages contracted within the state are generally not recognized, California does recognize common law marriages established in other states where it is legally valid.
Criteria for Establishing Common Law Marriage in California
Cohabitation and Shared Residence:
Living Together: Couples must live together in the same residence to meet the cohabitation requirement.
Shared Residence: The couple must share living arrangements, such as rent or mortgage payments, utility bills, or other evidence of a shared home.
Holding Out as Married:
Public Perception: The couple must hold themselves out as being married to the public, family, and friends, exhibiting their relationship as a marital union.
Examples of Holding Out: Sharing a last name, referring to each other as “husband” or “wife,” introducing one another as spouses, or filing joint tax returns.
Intent to be Married:
Mutual Agreement: Both partners must intend to be married and have the present intent to create a lifelong marital relationship.
Intent Demonstrations: Evidence of intent may include joint financial accounts, shared property ownership, or designating each other as beneficiaries on life insurance policies or retirement accounts.
Challenging the Validity of Common Law Marriage in California
Proof of Common Law Marriage:
Burden of Proof: If a common law marriage is disputed, the party asserting the marriage’s existence bears the burden of proving its validity.
Evidence Considerations: Courts may consider various factors, such as joint financial accounts, shared property ownership, public statements, and testimonies from friends and family.
Time and Duration:
Duration Requirement: There is no specific duration of cohabitation required to establish a common law marriage in California.
Legitimacy over Time: The longer a couple lives together and holds themselves out as married, the more likely it is to be recognized as a common law marriage.
Legal Implications of Common Law Marriage in California
Property and Asset Division:
Community Property Rules: In common law marriages, property acquired during the marriage may be treated as community property, subject to equal division in case of separation or divorce.
Disputes and Litigation: Without a formal marriage certificate, property disputes may arise, necessitating legal intervention to determine property rights.
Spousal Support and Alimony:
Eligibility for Support: Common law spouses may be eligible for spousal support or alimony in the event of a separation or divorce, depending on factors like income disparity and duration of the relationship.
Inheritance and Estate Planning:
Intestate Succession: In the absence of a will, common law spouses may have inheritance rights similar to legally married couples, under certain conditions.
Estate Planning Considerations: To ensure desired distribution of assets and protect the rights of common law spouses, it is advisable to establish a comprehensive estate plan.
Conclusion
While common law marriage is not as widely recognized as it once was, California still acknowledges its validity under certain circumstances. Understanding the criteria for common law marriage in California is crucial for couples seeking legal recognition and the associated rights and responsibilities. By meeting the requirements of cohabitation, holding out as married, and demonstrating the intent to be married, couples can establish a common law marriage and access the legal protections and benefits afforded to married couples in the state.