Common Law Marriage in California? In California, the concept of common law marriage often leads to confusion and misconceptions. This article aims to clarify the legal status of common law marriages in the Golden State and provide relevant information for couples living together without formal marriage.
Is There Common Law Marriage in California?
The short answer is no. California does not recognize common law marriages formed within its borders. This means that regardless of how long a couple has lived together or how they present themselves to others, they cannot acquire the legal status of a married couple without going through the formal marriage process.
Historical Context:
California abolished common law marriage in 1895. Since then, the state has required couples to obtain a marriage license and have their union solemnized to be legally recognized as married.
Legal Definition of Marriage in California:
According to California Family Code Section 300, marriage is defined as “a personal relation arising out of a civil contract between two persons, to which the consent of the parties capable of making that contract is necessary.” The law further stipulates that consent alone does not constitute marriage; it must be followed by the issuance of a license and solemnization.
Recognition of Out-of-State Common Law Marriages:
While California doesn’t recognize common law marriages formed within the state, it does acknowledge valid common law marriages established in other states. This recognition is based on the Full Faith and Credit Clause of the U.S. Constitution, which requires states to respect the “public acts, records, and judicial proceedings of every other state.”
For example, if a couple established a valid common law marriage in Texas (where it is recognized) and then moved to California, their marriage would be considered valid in California.
Rights of Unmarried Cohabiting Couples:
Although California doesn’t recognize common law marriage, the state does provide some legal protections for unmarried couples living together:
- Marvin Claims: Based on the landmark case Marvin v. Marvin (1976), unmarried partners may have rights to property division and financial support if they can prove an implied contract or agreement existed between them.
- Domestic Partnerships: California allows both same-sex and opposite-sex couples to register as domestic partners, granting them many of the same rights as married couples under state law.
- Cohabitation Agreements: Couples can create legally binding agreements to outline property rights and financial responsibilities.
Statistical Insights:
- According to the U.S. Census Bureau, in 2019, approximately 15% of adults aged 25-34 in California were living with an unmarried partner.
- The California Department of Public Health reported 237,542 registered marriages in 2019.
Legal Implications for Unmarried Couples:
Without the protections of marriage or a domestic partnership, unmarried couples in California may face challenges in areas such as:
- Property division upon separation
- Inheritance rights
- Medical decision-making authority
- Tax benefits
Recommendations for Unmarried Couples:
- Consider creating a cohabitation agreement to outline property rights and financial responsibilities.
- Explore the option of registering as domestic partners if desired.
- Consult with a family law attorney to understand your rights and options.
Conclusion:
While California does not recognize common law marriages formed within the state, it’s crucial for cohabiting couples to understand their legal rights and options. By taking proactive steps, such as creating legal agreements or registering as domestic partners, unmarried couples can protect their interests and clarify their legal status in the eyes of the law.
Remember, laws can change, and individual circumstances vary. It’s always advisable to consult with a qualified legal professional for personalized advice regarding your specific situation.
