Did you know that nearly 20% of unmarried women are currently cohabiting, accounting for about 15% of all unions in the United States? The Pew Research Center found that 65% of Americans support legal agreements that provide unmarried couples with the same rights as married couples.
Common law marriage is when a couple lives together and presents themselves as married without a marriage license or ceremony. States that recognize common-law marriage grant the same legal rights and responsibilities to common-law spouses. But what states support common-law marriage, and does California have common-law marriage?
Common law marriage is recognized in Alabama, Colorado, the District of Columbia, Georgia (if the relationship began prior to 1/1/97), Idaho (if the relationship began prior to 1/1/96), Iowa, Kansas, Montana, New Hampshire, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas, and Utah.
In California, for a couple to be legally recognized as married, they must obtain a marriage license and have a formal ceremony. However, they recognize common-law marriages if a couple legally married in another state and moved to California.
Learn more about common-law marriage in California and how it could impact your rights.
Legal Definition of Common Law Marriage in California
California doesn’t recognize common-law marriage; therefore, couples who live together without vows aren’t married. This is different from states that accept common-law marriage, where partners who meet certain qualifications are legally married without a ceremony.
In California, living together and presenting yourselves as a married couple doesn’t automatically grant you the legal rights and protections that come with marriage.
Your partner in California may not have the same rights as a spouse in terms of property, inheritance, healthcare, and divorce. When choosing to end a domestic partnership in states that recognize common-law marriage, you can reach out to a domestic partnership dissolution lawyer who can help you understand the legal implications of ending your relationship.
How to Prove Common Law Marriage in California
California common-law marriages require legal competence, mutual consent, public representation, and continued cohabitation. Both parties must be of legal age and have a sound mind to marry. Mutual consent means two people marry without compulsion.
Joint bank accounts, shared bills, property ownership, or affidavits from friends and family might prove a common-law marriage in California. Showing how long you’ve lived together and how you’ve behaved as a married couple might also help.
Remember, these standards and sufficient proof are essential for proving a California common law marriage.
Rights and Benefits of Common Law Marriage
Couples seeking a common-law marriage can learn about its perks and legal privileges. Common-law marriage in California gives couples access to rights and advantages often reserved for married couples. These rights may include healthcare decision-making, inheritance rights without a will, Social Security eligibility, and joint tax filings.
If certain conditions are met, California common-law spouses may also have community property rights, which can be helpful in a divorce. A common-law marriage can also give partners who’ve lived together without a wedding a sense of security and stability. Understanding these rights and rewards can help couples make relationship and future decisions.
Dissolution of Common Law Marriage in California
California’s common law marriage dissolution requires knowledge of the legal process and its consequences. California has no way to dissolve common-law marriages, unlike other states. If you migrated to California from a state that recognizes common-law marriages, the state may recognize and dissolve them.
California common law marriages can be dissolved by proving their existence through joint asset ownership, using the same last name, or presenting themselves as a married pair. California courts may recognize the relationship’s existence and enforce property, support, and custody orders even if the process is more complicated than a marriage breakup.
Seeking legal advice from a knowledgeable attorney who understands California’s laws regarding common law marriage dissolution is always a wise move.
Conclusion
California doesn’t allow common-law marriage, and couples living in the state must meet certain conditions and go through a legal process to marry. California marriage rules must be understood to safeguard couples’ rights and advantages.
