Nowadays couples choose to just live together instead of going through the trouble of a marriage ceremony and getting a license. They think it is easier to separate assets this way but according to Investopedia, there are required conditions to be met for a couple to be considered married by common law.
With common-law marriages, a couple cohabitates without a marriage license. But the concept of common-law marriage in California poses some confusion for some couples. This is because the concept is not considered legally binding in the state and thus results in some legal issues for couples who have been living together for a longer period of time.
So, for you to not get so confused, here are the legal rights of cohabiting couples in California:
What Is Common Law Marriage?
Common-law marriage is an alternative legal framework that allows two persons to marry without a marriage ceremony or license, and there are certain standards to prove it. The couple should be living together long-term, they have a mutual intent to marry, and they present themselves as a married couple in public. A common-law marriage implies that the couple shares a residence, resources, and obligations.
Laws for common-law marriage actually vary in different states. And if you are in a common-law marriage, you need to understand the law in your state. This way, you can follow it and adhere to the guidelines and obligations that you have in your relationship.
Common Law Marriage in California: The Legal Stance
Some people mistakenly believe that common-law marriage is an option in California, but it’s actually not. Unfortunately, you must obtain a marriage license and conduct a ceremony to be considered married in California.
Because of this law, cohabiting couples do not benefit from the same legal rights that legally married couples do in the state. Those include the couples’ rights related to property, inheritance and decision-making.
You can get a free consultation from a family lawyer to clarify your standing and determine what you are entitled to under California law.
Rights and Responsibilities of Cohabitating Couples
Cohabiting couples have rights and responsibilities as a part of a common-law marriage arrangement.
Though they do not have the legal advantages ofcouples with licenses, there is a certain degree of rights that still exists for common-law marriages to protect their finances, assets, and parental responsibilities.
You can consult an attorney for more clarification regarding the circumstances of your case.
Domestic Partnerships: An Alternative in California
A domestic partnership is an ideal option for California residents who want to make their relationship official without getting married. This type of arrangement provides many rights and duties that are similar to that of marriage, like hospitalization benefits, inheritance rights, and tax advantages.
For domestic partnership, both partners should be 18 years old or above, share a domestic life, and must be committed to each other regardless of gender. Compared to marriage, domestic partnership provides more flexibility.
Steps to Protect Yourself and Your Partner Legally
There are important steps you can take to protect yourself and your partner in terms of the legalities of your relationship.
Make sure to document the existence of your relationship. Provide supporting documentation that demonstrates your shared finances, common ownership, and beneficiary designations. These will serve as evidence to prove aspects of your relationship.
You can also write a cohabitation agreement with details of each partner’s responsibility and financial arrangement. The document should outline the steps to take in case the relationship ends.
Reviewing your legal documents like wills and powers of attorney is important to guarantee that your wishes are followed. You can also seek guidance from a family law attorney regarding your legal protections under California law.
