A common law marriage is a legally recognized marriage between two romantic partners who did not obtain a marriage license, but considered themselves married. Most states no longer recognize common law marriage. California does not. Common law marriage couples have different financial, property, and parental rights than traditionally marriages should the marriage be recognized in their state.
Recent Research suggests that the marriage rate is declining because people are either marrying late or want to live together as unmarried partners or cohabitors. If you are considering staying unmarried in California, it’s important that you know what financial rules you are exchanging for staying unwed.
What is Common Law Marriage?
Common law marriage is a non-ceremonial marriage in which romantic partners stay unmarried and only have a verbal agreement of marriage. These unmarried couples live together for long enough that a state considers them to be legally married or like legally married couples.
Explaining Common Law Marriage
Common law weddings do not require an official ceremony or license or visiting the courthouse to make the marriage official, which is mandatory in traditional marriages.
The federal rights of commonly married couples may differ from those of married couples, though common law marriage is valid in your state.
For, common law marriages are not federally recognized. Next, we shall discuss the rights of unmarried couples in California and a handful of states that recognize this oldest form of marriage. You are likely to see the following things in common-law marriage:
- They may share financial information and accounts.
- They may have been raising children together.
- They act as a couple to friends and family.
- They live together (cohabitate).
- They may have a common home under both their names.
- They share special occasions and events just like married couples.
- They may share the same last name.
Legal Rights of Unmarried Couples in California
You know that married couples in California have many rights by default. However, unmarried cohabitating couples have to establish legal rights and protections.
Then why don’t unmarried couples get married to establish automatic rights and benefits associated with married couples?
Marriage has a lot of restrictions and limitations, and everybody doesn’t want to get married. On the other hand, if people don’t marry while cohabitating, they may become unprotected legally.
For instance, if one partner in a common law marriage dies or separates, another partner would be denied access to his/her finances. To prevent this, they have to establish joint ownership.
The following are the rights associated with unmarried couples in California.
Property Rights
California is a community property state, meaning that property and assets you have acquired during your marriage will have joint ownership (with your spouse).
But would it be the same for unmarried couples? No, in their case, the property or assets acquired during the marriage (marital property) will not be divided as in the case of married couples. Let’s see.
Legally unmarried couples don’t share property or have automatic property rights, though California is a community property state. Their property rights and benefits differ from those of legally married couples. Rather, you and your partner have to establish your property rights, such as joint ownership of a home or assets.
If an unmarried couple has joint property it shall be divided equally in the event of separation or demise of one of them. However, if one partner is listed as the owner of the property but both partners have contributed their payments, the unlisted partner may have to seek legal guidance.
Parental Rights and Child
If unmarried partners have (a) child(ren) together, both parents will have equal rights and responsibilities for the child(ren).
However, for all the said things, unmarried couples have to establish legal paternity. Another benefit of establishing paternity is that the child can easily inherit assets and property in certain situations. The unmarried partners can establish paternity or legal guardianship of their child(ren) by signing a voluntary declaration of parentage or through medical tests.
Financial Rights
Financial matters are complex for unmarried partners because, in California, they are considered two separate individuals regarding their finances.
If one of the partners dies, the other may be denied access to the finances of that partner, such as:
- Personal bank account
- Retirement accounts
- Credit card information
The solution to this problem? You and your spouse must aim to own joint finances and financial accounts (savings, investments, etc.). This shall also be useful if your partner dies or plans to separate.
Does California Recognize Common Law Marriage as Valid? Are there some exceptions to its recognition?
No, the state of California does not have family law to recognize a marriage that is just based on verbal consent and how long you have been living together. However, California will recognize an established common law marriage from another State.
Recognition of Common-Law Marriage
California does not recognize common-law marriage as legal marriage, though you meet its technical requirements while residing in the state. It simply means that you will have no rights and privileges that married couples get by default no matter how many years you have spent cohabitating.
However, many states in the United States recognize common-law marriage.
The following are the states that recognize common-law marriage.
- Columbia District
- Kansas
- Iowa
- Colorado
- Montana
- South Carolina
- Texas
- Oklahoma
- Rhode Island
- Washington, DC (For the individual above age 17)
- New Hampshire (in limited circumstances)
Exceptions To Recognition of Common-Law Marriage in California
California stopped recognizing common law marriage in 1895. However, couples are only considered legally married by common law if they have married under common law by living in another state (where common law marriage was legal or they met that state’s requirements) and decided to relocate to California.
This is only a specific exception. This does not mean common law marriage is valid in California, but that California will recognize an out-of-state common law marriage should the couple move to California and meet the California residency requirements.
Palimony (Spousal Support) For Unmarried Couples in California
If a marital relationship ends in California, one of the spouses can receive spousal support and community property.
However, unmarried partners in CA have limited rights to palimony when their relationship ends. What is palimony? It is financial support given or paid to a partner after a long-term unmarried relationship ends.
Can you file for palimony in CA after your relationship splits with your partner? Yes, you can if you have a written agreement or implied contract regarding sharing of property and providing support. Before awarding you palimony, the court may still consider other factors, such as the length of your relationship, state laws, etc. However, to receive palimony, known as a Marvin Contract, you must pursue a civil court action (not family court).
Legal separation in California is one of the most favorite options of couples to dissolve marriage. Book a free video consultation to learn how Families First Mediation can collaborate with you in common law marriage.
Leave a Reply