If you have been in a long-term relationship and lived together for years, you may wonder if California recognizes common law marriage. Many people believe that living together for a certain period means they have the same legal rights as married couples. However, the laws in California regarding common law marriage are clear, and it is important to understand how these laws may affect your relationship and legal rights.
What is Common Law Marriage?
Common law marriage is a legal concept where a couple is considered married, without having formally registered the marriage through a legal ceremony or obtaining a marriage license. In some states, if certain conditions are met, a couple can be recognized as married even without the formal process.
Does California Allow Common Law Marriage?
California does not recognize common law marriage. This means that no matter how long you and your partner have lived together or how committed your relationship is, you will not be considered legally married unless you go through the formal marriage process. You must obtain a marriage license and participate in a legal marriage ceremony to be recognized as a married couple under California law.
Are There Any Exceptions?
While California does not allow couples to form a common law marriage within the state, it will recognize common law marriages that were validly established in other states. If you and your partner lived in a state that allows common law marriage, and you met the requirements for a common law marriage in that state, California will recognize your marriage if you later move here.
For example, if you and your partner lived in Texas, a state that recognizes common law marriage, and met the criteria there, your marriage would be valid in California even though California itself does not allow common law marriage.
Legal Protections for Unmarried Couples in California
Although common law marriage is not recognized, there are still legal options for couples who live together but are not married. If you are in a long-term relationship and want to protect your rights, you can consider:
- Cohabitation Agreements
A cohabitation agreement is a contract between two unmarried people who live together. This agreement can address issues such as property rights, financial responsibilities, and what will happen if the relationship ends.It helps protect the interests of both parties. - Palimony Claims
Palimony is financial support that one partner may be required to pay to the other after the end of a long-term, unmarried relationship. Unlike spousal support, palimony is not automatically granted. However, if there was an agreement—either verbal or written—that one partner would provide financial support to the other, a palimony claim may be possible. - Child Custody and Support
If you and your partner have children together, the absence of a marriage does not impact your rights and responsibilities as parents. California law provides guidelines for determining child custody, visitation, and support in cases involving unmarried parents, just as it does for married couples.
Protecting Your Rights as an Unmarried Partner
If you are living with a partner and are not married, it is important to understand the legal limitations and protections available to you. While California does not recognize common law marriage, there are steps you can take to safeguard your interests. Establishing a cohabitation agreement, seeking legal advice on property division, or addressing potential palimony claims can help clarify your legal standing and protect your rights.
At Irwin & Irwin, we assist clients with cohabitation agreements, palimony claims, and other legal issues that arise in long-term relationships. Contact us today to schedule a consultation and learn how we can help you protect your rights and interests as an unmarried partner.
