What You Need to Know About Common Law Marriage in California
Some states recognize common law marriage, and others don’t. Here’s everything you need to know about common law marriage in California.
A common law marriage is a relationship in which partners are not married by legal or formal recognition, but rather by the duration of their cohabitation and relationship. California does not recognize common law marriage but does give some partners palimony rights.
What Is a Common Law Marriage?
Common-law marriages are not based on legal, religious, or formal recognition, but rather, the length and span of the couple’s cohabitation and relationship. Couples in some states are considered married under common law, even if there was no formal or legal ceremony.
Does California Recognize Common Law Marriage?
California does not recognize common law marriage. Couples must get a marriage license in order to be legally considered married in California. However, unmarried partners may share some of the same rights as unmarried partners.
Yet, couples married by common law in another state can divorce in California. This means that if you lived in another state that recognized your common-law marriage, you can get a divorce in California.
How Are Assets Divided When a Common Law Marriage Ends?
Confusion and disputes can arise when an unmarried couple breaks up. In California, there is no guiding legal procedure for unmarried couples to follow when dividing their assets. After a breakup, unmarried, cohabited partners in California often seek palimony through a Marvin claim.
Palimony and Marvin Claims in California
Unmarried partners can seek financial support after a non-marital breakup, or palimony. Under a 1976 California Supreme Court ruling, unmarried partners can seek palimony through a Marvin claim, which is a civil suit rather than a family court matter. A civil court may award an individual palimony if the unmarried couple held a written, verbal, or implied “cohabitation” contract that was breached.
Proving breach of a written contract
Similar to a pre/postnuptial agreement, unmarried couples can form a written contract that expresses their property rights in the event of a breakup. In order for a court to grant palimony to a seeking partner, that partner must prove the existence and breach of a written contract.
Proving breach of an implied or verbal contract
However, some unmarried partners never sign a written contract, but rather have a verbal or implied agreement. Verbal and written agreements are much harder to prove in court. A judge will assess the following factors when determining the existence and breach of an implied or verbal contract:
- The length and duration of the relationship
- Whether the unmarried partners lived together
- Whether the partner seeking palimony was financially dependent
- Any roles the partner seeking palimony had in caring for their partner
- Jointly shared assets or income
- Sharing of credit cards and bank accounts
Palimony and Marvin claims are common ways for unmarried partners in California to establish rights similar to those in a common-law marriage.
How many years do we have to live together for common law marriage in California?
No matter how long partners live together, their relationship can never be considered a common-law marriage in California unless they get a marriage license.
Alternatives to Marriage in California
Unmarried couples that would be eligible for marriage in other states often choose marriage alternatives in California. A great way for unmarried partners to establish property rights is to enter a Domestic Partnership or Cohabitation Agreement. California offers legal unions that are very similar to marriage in terms of each partner’s property rights.
Free Consultation With a Family Law Attorney in California
If you need legal help or have any more questions about common law marriage, contact us. We’ll get you in touch with the most qualified attorney for your unique legal issue. Get your free consultation with one of our family law attorneys in California today!