According to a Pew Research Center analysis, 59% of adults aged 18 to 44 have lived with an unmarried partner, surpassing the 50% of people who have ever married.
Common law marriage refers to a relationship where two people have been living together as a married couple, but do not have any formal marriage license or participation in a wedding ceremony.
In California, the concept of common law marriage can be a source of confusion and uncertainty for many couples. Common law marriage in California is not recognized as a legally binding union, resulting in potential legal issues for couples who have been living together for a long period of time.
This article will look at the legal rights of cohabiting couples in California and the options they have for protecting their interests.
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. They must meet certain standards to prove common law marriage. To establish the validity of a common law marriage, couples must meet certain criteria, such as long-term cohabitation, a mutual intent to marry, and publicly presenting themselves as a married couple. A common law marriage implies that the couple shares a residence, resources, and obligations.
Laws related to common law marriage can differ from one state to another. If you believe you are in a common-law marriage, you should understand your rights and obligations, especially since not all states recognize them.
Common Law Marriage in California: The Legal Stance
Some people mistakenly believe that common law marriage is an option in California but unfortunately, the state does not recognize common law marriage.
To be validly married in California, you must obtain a marriage license and conduct a ceremony. Since common law marriage is not legally recognized in the state, couples who have been living together for a long time and consider themselves married are unable to benefit from the same legal rights as married couples. Married couples’ rights include those 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
You must understand your rights and responsibilities when living with your significant other in a common law marriage arrangement.
Cohabitating couples may not have the legal advantages that marriage brings, but a certain degree of rights still exist to protect their finances, assets, and parental responsibilities.
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. Domestic partnership is a legally recognized relationship arrangement in California that provides many rights and duties similar to those of marriage, such as hospitalization benefits, inheritance rights, and tax advantages.
A domestic partnership’s eligibility requirements include both partners being 18 years old, sharing a domestic life, and being committed to each other. Domestic partnerships, unlike marriages, can be formed between gay and heterosexual couples. It is a relationship status that provides more flexibility than marriage.
Steps to Protect Yourself and Your Partner Legally
To protect yourself and your partner, make sure to do the following important steps:
Document the existence of your relationship by providing supporting documentation that clearly demonstrates shared financing, common ownership, and beneficiary designations. This evidence will assist in clarifying the different aspects of your partnership.
A cohabitation agreement may be put in place, detailing each partner’s responsibility and financial arrangement. The document should outline the steps to take in case the relationship ends.
It is recommended that you review legal documents such as wills and powers of attorney on a regular basis to guarantee the protection of each other’s wishes. Seek the guidance and support of a family law attorney regarding potential protections that exist under California law.
