California Common Law Marriage
Common law marriage has long been a convenient way for committed partners to gain the rights and protections of spouses, even in the absence of a marriage contract. However, there is no federal guideline for common law marriages, leaving the criteria up to the state.
California common law marriage is not recognized. However, our Beverly Hills family law attorneys at S.L. Pitts can help you ensure the state recognizes one established in another state. Our family lawyers can also explain your options to protect yourself and your relationship through avenues other than marriage.
Common Law Marriage in California
It is widely recognized that the state of California abolished common law marriage in 1895. According to section 300 of the California Family Code, you must have a marriage license and a formal solemnization or ceremony to create a legal marriage in the state. Specifically, the law requires the contract of marriage, not just consent to be married.
The definition of a common law marriage varies by the state that sanctions it. However, the general premise is that you obtain a married status with all the attached benefits by simply consenting to be married and living your life in a way that reflects that. However, this model can leave a lot to chance, muddying the legal waters.
When the state abolished common law marriage, it was an attempt to provide some degree of clarity by requiring a more explicit and verifiable process. This can make it much easier to determine he division of assets, debts, inheritance, and custody disputes among couples.
Alternatives to Marriage and Protective Factors for Beverly Hill Residents
Many people are in loving and committed relationships, but lack the legal documentation that confirms them as married. While this can complicate your situation, you do have options for protecting yourself and your interests in the event of a death or separation.
Domestic Partnerships
Domestic partnerships are valid in California, regardless of the state or country of origin, and may be created within the state. These relationships still require a formal process and, like common law marriages, require you to be in a committed dynamic where you share a residence and financial responsibilities.
The state of California recognizes domestic partnerships similar to marriage, though you may not have some of the federal benefits granted to legally married couples.
The Marvin Rule
California does not grant common law marriages, but the Marvin Rule provides protection for unmarried partners living together and operating under agreements relating to financial or business dealings. This allows for a partner to show evidence of an explicit or implied contract where the other partner agreed to share assets or resources.
A Marvin Action is a civil action that requests the courts to enforce these agreements. Evidence of a Marvin Action may include joint accounts, jointly signed leases, or vehicle loans, as well as statements regarding the division of labor or resources within the relationship.
Cohabitation Agreement
Cohabitation agreements are often similar to a prenuptial agreement. These may include details such as how you will manage the household finances or responsibilities within the relationship. However, they also often include details on how debt or assets should be distributed and whether a partner is entitled to support.
A legally valid cohabitation agreement can provide you with many of the same protections as spouses during a divorce without having to engage the civil courts with a Marvin Action.
Joint Property
When it comes to making sure you have access to the things you own after a separation, it can be helpful to make sure both people’s names are on anything major. Examples of this include making sure both people are on the car title and loan, lease agreements, or bank accounts. This means both parties are responsible for debts and the legal owners of assets.
However, you should consider that this can also leave you responsible for debts should the other person refuse to pay them.
California Recognizes Out-of-State Common Law Marriage
While you cannot form a common law marriage within the state of California, we do recognize those legally established in other states. To gain recognition of your common law marriage in California, the courts will typically request evidence of the following:
- A mutual agreement to be married
- Cohabitation
- Presenting yourselves publicly as a married couple
Additional evidence you may provide to establish the legitimacy of an out-of-state common law marriage is showing that you shared financial resources. This can include things like a lease agreement you both signed, financial accounts in both names, or a jointly filed tax return.
Why You Need a Family Law Attorney If You Are Not Married to Your Partner
A family law attorney is educated on the many details of how California law may affect your family plan. Whether you have an established out-of-state common law marriage or want to identify ways to solidify your rights in your relationship, a family law attorney can help you.
Our team can help you make sure that parental rights and paternity are legally established in the absence of presumed paternity. We can also help you identify the necessary documentation to secure your rights to property, support, or parenting time in the event of a divorce or death.
It can feel overwhelming to figure this out on your own. Working with our family law attorneys in Beverly Hills can reduce that burden and let you focus on living your life.
Choose S.L. Pitts for Your Family Law Needs in Beverly Hills
Our core values guide any services you may receive from the family law team at S.L. Pitts. We will always put your interests first in the way we handle your case. You can always trust that we are providing honest guidance when it’s time to make decisions. Even when it might not be what you want to hear. Our goal is to help you make an informed decision, and we will support you in any way possible.
Decisions made from ego, emotion, or arrogance rarely end well. We strive to ensure that we treat everyone with respect and dignity, allowing us to approach the case with a more balanced and level-headed approach, which can often lead to increased recovery. Every family law case is unique, which means it requires different and creative solutions. Our team will take the time to thoroughly examine the situation and determine the most suitable course of action to meet your needs.
Our attorneys bring decades of law experience to the table. Whether you have a California-issued marriage license or are seeking to validate an out-of-state common law marriage, our goal is to help our clients achieve the financial stability and independence they need in their lives during a divorce, especially when children are involved.
S.L. Pitts Handles Many Forms of Family Law Cases for a Common Law Marriage
Your common law marriage can become relevant in almost any type of family law situation. Some of the cases we may handle that involve common law marriages in California include:
In addition to the more well-known matters mentioned above, you may also decide to implement a postnuptial agreement to protect yourself in the event of a separation.
Filing for Divorce in California with an Out-of-State Common Law Marriage
If you are pursuing a divorce in California, you may wonder why it would be relevant to have a common law marriage from another state recognized. The simple answer to this is to make sure you have access to all of the resources to which you are entitled because of that relationship.
For example, an unmarried couple who tries to separate in California has no legal right to property or accounts in the other person’s name. This might leave you with almost nothing if your partner managed most of the finances or earned most of the household income. However, if you can provide evidence of a legal common law marriage established in your previous state of residence, you gain all of the rights of a spouse during divorce.
The way you protect your finances during divorce can significantly affect your ability to start over. Without the protection of a common law marriage, you may end up with an unfair division of the debt and other marital property.
The Marriage Relationship Offers Significant Protections in California
A common law marriage is recognized as being the same as a traditional legal marriage in California. That recognition brings the same benefits. If you have met the criteria in another state, it may be beneficial to consider obtaining recognition in California.
Equal Rights to Property Acquired During the Marriage
One of the many points of contention for many couples trying to separate or divorce is finding a fair balance in debt and property division. For couples who are considered married through traditional marriage or out-of-state common law, you are entitled to a portion of all community property in California. This refers to debts or assets acquired during the marriage.
Fair Division of Debt Acquired in the Relationship
Most people are concerned about what kind of assets they will keep in a divorce or separation, but you should also be concerned about debt. In a marriage, a judge is unlikely to approve an unreasonable or unfair distribution of debt in a divorce.
However, if you are not legally married, you may end up responsible for any and all debt in your name. For example, if you covered the expense of a big trip, or took out a car loan for their car because you get a better interest rate, you are responsible for paying that off, and you may not have recourse to hold them responsible for their share.
Spousal Support
When you dissolve a marriage, spousal support can be a significant benefit. For unmarried couples, your partner owes you nothing in terms of financial support when the relationship ends. However, if you are married, spousal support serves to fulfill the marriage contract by allowing you to end the marriage on relatively equal terms.
Inheritance Rights
If your partner passes away, the spousal right to inheritance can be crucial to your ability to maintain your life and find your new normal. The California Courts explain that the spouse is first in line for most property if someone dies intestate.
If you are unmarried and your partner has developed a will and estate plan that designates you as the person to inherit property or assets, you might be covered. However, if you are unmarried and your partner did not create a will, you may receive nothing in addition to losing access to financial resources if they are not in your name.
Medical Decisions
In Beverly Hills, you are not immediately granted the power to make decisions for your spouse in the event of a medical emergency. However, California Probate Code 4712 explains that the hierarchy for decision-making begins with the spouse or domestic partner in the absence of another designation.
Parental Rights of Children Born Outside of Marriage
Many people are unaware of the fact that biological paternity and legal paternity are different. In California, the spouse of a person giving birth has presumed paternity, making parental rights simple for couples who are married. Establishing a common law marriage from another state can prevent unnecessary complications.
However, if you have a child with your partner, the nonbirthing parent must pursue the legal designation of paternity to obtain parental rights. This is true even if both parents agree that the partner is the parent. This process is often relatively simple, but failing to do so can have disastrous consequences.
Contact Our California Common Law Marriage Law Firm Today!
Family dynamics can be difficult. Whether it is a divorce or simply taking steps to protect your family in a crisis. If you do not have a traditional marriage agreement, you may face unexpected challenges. S.L. Pitts is here to help you navigate the legalities and accomplish your goals. We can help you validate an out-of-state common law marriage or determine whether a domestic partnership or other legal agreements are appropriate.
To discuss your situation and determine your options to legally protect yourself and your loved ones, contact our team for a confidential consultation. Regardless of what your family structure looks like, our attorneys can help.