Common law marriage is a legal concept that recognizes a marital relationship between two individuals who have not obtained a marriage license or participated in a formal ceremony but have lived together as spouses and presented themselves to others as married. While some states recognize common law marriage, California does not formally recognize this type of union. However, California law does provide certain rights and protections for unmarried couples who meet specific criteria. In this guide, we explore the legal perspectives on common law marriage in California and clarify any misconceptions regarding its duration.
1. California’s Stance on Common Law Marriage
California does not have statutes that expressly authorize or recognize common law marriage. As such, couples who cohabit and consider themselves married but have not obtained a marriage license and participated in a ceremony are not legally recognized as married under California law. This means that they do not enjoy the same rights, benefits, and protections as legally married couples.
2. Establishing Marital Rights
While common law marriage is not recognized in California, unmarried couples who live together and share a life may still have legal rights and remedies under certain circumstances:
Palimony Claims: In some cases, one partner may pursue a palimony claim against the other partner for financial support or division of assets if they can establish that they had a mutual agreement or understanding to share property or provide support during the relationship.
Contractual Agreements: Unmarried couples can enter into written agreements, such as cohabitation agreements or domestic partnership agreements, to define their rights and obligations regarding property, finances, support, and other matters during the relationship and in the event of separation.
Parental Rights: Unmarried couples who have children together may seek legal recognition of parental rights, including custody, visitation, and child support, through paternity actions or custody proceedings in family court.
3. Duration of Cohabitation
There is a common misconception that couples who cohabit for a certain duration automatically acquire common law marriage status. However, in California, the duration of cohabitation alone does not confer marital status or rights. Even if a couple lives together for many years, they are not considered married under California law unless they meet the legal requirements for a valid marriage, such as obtaining a marriage license and participating in a ceremony.
4. Legal Protections for Unmarried Couples
Given the lack of formal recognition of common law marriage in California, unmarried couples should take proactive steps to protect their rights and interests:
Written Agreements: Consider drafting written agreements, such as cohabitation agreements or domestic partnership agreements, to clarify expectations, rights, and responsibilities during the relationship and in the event of separation or dissolution.
Estate Planning: Execute estate planning documents, such as wills, trusts, and powers of attorney, to ensure that each partner’s wishes regarding inheritance, asset distribution, and medical decision-making are honored in the event of incapacity or death.
Beneficiary Designations: Review and update beneficiary designations on insurance policies, retirement accounts, and other financial assets to reflect each partner’s intentions and ensure that assets pass according to their wishes.
5. Legal Counsel and Guidance
Unmarried couples navigating legal issues related to cohabitation, property rights, and relationship dissolution should consider seeking guidance from experienced legal professionals, including family law attorneys and estate planning attorneys. These professionals can provide personalized advice, draft customized agreements, and advocate for their clients’ interests in legal proceedings.
Conclusion
While common law marriage is not recognized in California, unmarried couples who live together and share a life may still have legal rights and protections under certain circumstances. By understanding the legal landscape, planning proactively, and seeking guidance from legal professionals, unmarried couples can navigate their relationships with clarity, certainty, and confidence, ensuring that their rights and interests are protected in accordance with California law.