Cohabitation for a significant time period

  • Representation of the relationship as a marriage either by using the same last name, referring to the other person as a husband or wife, or by filing joint taxes
  • Intention to be married

In California, marriage is defined as a personal relation arising from a civil contract, and only parties capable of consent can enter into such a contract.

California never adopted a common law marriage statute, and initial attempts at passing laws to recognize informal marriages in California failed. The California legislature eventually succeeded in passing a law abolishing common law marriage in 1895. Law marriage in California requires a formal ceremony and marriage license, and California does not recognize common law marriages formed within the state.

Since that time, various cases have emerged in California courts that sought rights for unmarried cohabiting couples. A common alternative in California is domestic partnership, which provides unmarried couples with some of the same rights and benefits as marriage through formal registration with the state.

California courts have swung both directions with some rulings tending toward recognizing certain rights for unmarried couples and then appeals to higher courts limiting these rights. Unmarried couples have different legal rights and responsibilities than married spouses or legal marriages, though they may establish certain protections through joint financial accounts and property ownership agreements. Unmarried couples rights are not the same as those of traditionally married couples, and relationship status affects legal protections, including parental rights and federal taxes.

Precedent-setting cases that influenced courts’ views on property rights between unmarried partners were the 1932 Meraviglia v. Trutalli case, where the California Supreme Court upheld Meraviglia’s claim to half of the property based on her monetary contribution to the property and their agreement to hold property jointly. Property acquired during a relationship is not considered marital property or jointly owned unless both partners’ names are on the title or there is a written contract or implied agreement. The Family Law Act that established no-fault divorce in California stated that concepts of guilt and punishment were no longer relevant in determining family property rights whether there be a legal marriage or not.

However, in a 1976 landmark case, Marvin v. Marvin, involving actor Lee Marvin and his co-habitant Michelle Triola Marvin, the California Supreme Court ruled that the Family Law Act did not govern property division in a non-marital relationship. It established that courts could only base property division on contracts between non-marital partners and contracts could not be based on meretricious sexual services. A palimony claim may be based on a written contract, implied agreement, or even a verbal agreement between unmarried partners. This ruling created the legal basis for “palimony” claims, which provide financial support after a long-term non-marital relationship ends.

When discussing property division and financial arrangements, it is important to note that sharing financial accounts or joint bank accounts can serve as evidence of a committed relationship, but these do not automatically confer community property rights or the same rights as traditionally married couples.

Regarding common law marriages in other states, some states, such as Rhode Island, recognize common law marriages on a case by case basis, and the recognition of such marriages depends on where the marriage occurred. California will recognize common law marriage recognized in another state if the couple was common law married before moving to California, but does not recognize common law marriages formed within its own jurisdiction. States differ in how they recognize common law marriages, and whether a relationship is recognized depends on the legal marriages laws of the state where the marriage occurred.

Regarding child custody and support, California law treats unmarried parents the same as married parents, using the “best interest of the child” standard for custody decisions. Either parent can file a court motion or apply to the California Child Support Services Agency for support, regardless of their marital status. Parental rights are not automatically granted in all situations and may require legal action to establish, especially for an unmarried couple. Unmarried couples seeking guidance on these matters can consult with family law attorneys, who can provide advice on establishing legal protections and navigating California’s specific legal framework for non-marital relationships.

If you are seeking legal advice, it is important to understand that the legal basis for property division and support for unmarried couples is different from that for married couples, and one partner may need to prove the existence of a written or implied agreement to make a successful palimony claim.

What is Common Law Marriage?

Common law marriage is a legal concept in which a couple is considered married without having gone through a formal ceremony or obtained a marriage license. Instead, the law marriage is recognized based on the couple’s actions and relationship, such as living together and presenting themselves as married to others. In states that recognize common law marriage, couples can be considered legally married even if they have never formally registered their marriage or held a formal ceremony. However, california common law marriage is not recognized, meaning that couples in California must obtain a marriage license and participate in a formal ceremony to be considered married under state law. Without these formal steps, couples in California are not considered married, regardless of how long they have lived together or how they present their relationship.

General Requirements for Common Law Marriage

In states that recognize common law marriage, there are specific requirements that couples must meet for their relationship to be considered a valid law marriage. Generally, these requirements include living together for an extended period, acting as a married couple in public, and having a mutual intention to be married. The exact criteria can vary from state to state, but the core elements often involve cohabitation, shared finances, and presenting themselves as spouses to friends, family, and the community. For example, states like Colorado, Iowa, and Texas recognize common law marriage, while California does not. It is important for couples to understand whether their state recognizes common law marriage and what the specific requirements are, as failing to meet these requirements means the law marriage will not be recognized, even after many years together.

Domestic Partnership and Common Law

In California, domestic partnerships offer an alternative to marriage and common law marriage for couples who wish to formalize their relationship without getting married. Domestic partnerships are a separate legal status that provides some of the same rights and benefits as marriage, such as property ownership, healthcare decision-making, and certain legal protections. However, domestic partnerships are not the same as common law marriage, as they require couples to formally register with the state to receive these benefits. Unlike common law marriage, which is based on the couple’s conduct and relationship, domestic partnerships are only recognized after official registration. It’s important to note that while domestic partnerships offer many of the same rights as married couples under California law, they are not always federally recognized, which can affect benefits and legal rights in certain circumstances.

Legal Implications of Common Law Marriage

The legal implications of common law marriage can be far-reaching, especially in states that recognize common law marriage. In those states, couples in a valid common law marriage have the same rights and responsibilities as married couples, including the right to property division, spousal support, and the obligation to pay child support. They may also have rights to community property and can seek legal remedies in the event of a separation. However, in California, common law marriage is not recognized, so unmarried couples do not automatically have these rights. Instead, they may need to rely on written contracts or implied agreements to establish property rights or financial support. Without a recognized law marriage, unmarried couples in California may face challenges in areas such as property division, spousal support, and child custody, making it essential to take legal precautions and consult with a family law attorney to protect their interests.

Ending a Common Law Marriage

Ending a common law marriage can be just as complex as ending a traditional marriage in states that recognize such unions. Couples may need to go through a formal divorce process, which involves property division, determining child custody rights, and establishing spousal support or alimony payments. In California, since common law marriage is not recognized, there is no formal process for dissolving a common law marriage. However, unmarried couples who have shared property, financial accounts, or have children together may still need to resolve issues related to property division, child custody, and financial support. Seeking guidance from a family law attorney is crucial for understanding the legal framework and ensuring that both parties’ rights are protected when ending a long term relationship or addressing a family law matter in California. Legal counsel can help navigate the complexities of property ownership, child custody, and financial support, even when a formal marriage never occurred.