Unlike some other states, there is no common law marriage in California. This means partners cannot simply achieve legal marital status by living together for a specified period, no matter how long. Here’s a brief overview from a lawyer serving San Mateo, CA about the legal implications for unmarried couples in California in areas like property rights, inheritance, decision-making in medical emergencies, and other key life issues.
Legal Insights and Implications of Common Law Marriage in California: A Lawyer in San Mateo, CA, Explains
What Is Common Law Marriage?
Common law marriage is a form of marriage recognized in a limited number of US states. This type of marriage allows couples who have not obtained a formal marriage license to be legally considered married if they meet certain conditions. These conditions typically include living together (cohabitating) for a specified period, having the intention to be married, and holding themselves out as a married couple to others.
California: No Recognition of Common Law Marriage
California is distinct from states that recognize common law marriage. No matter how long a couple lives together in California, they will not automatically acquire the legal status of a married couple. However, the state does make a limited exception for couples who established a valid common law marriage in another state and subsequently relocate to California.
Why Does This Distinction Matter?
Property Rights
In California, married couples have community property rights, which generally means assets acquired during the marriage belong equally to both spouses. This does not apply to couples in common law relationships established in California.
Inheritance
Married partners usually have specific inheritance rights regarding their spouse’s estate. These rights might not automatically extend to couples in common law unions within California.
Decision-Making
Spouses generally have the right to make crucial decisions on behalf of each other, especially regarding medical care or end-of-life choices. Couples without formal marriage might not have this same authority.
Taxation and Benefits
Married couples often enjoy tax advantages and eligibility for various benefits, such as Social Security spousal benefits. These may be unavailable to common law couples in California.
Couples Moving to California with Pre-Existing Common Law Marriage
The situation is different if a couple established a legal common law marriage in a state recognizing such unions and subsequently moves to California. In this case, California will honor their common law marriage under the “Full Faith and Credit Clause” of the US Constitution. This clause mandates that states must respect the legal acts and judgments of other states.
However, even though California recognizes common law marriages formed in other states, these situations can present unique challenges. The burden of proof lies on the couple to establish the existence and legality of their marriage according to the laws of the state where it was formed, which can be difficult if there’s no formal documentation or strict adherence to common law requirements. Additionally, disputes may arise (especially during the relationship’s dissolution or a partner’s death) where family members or others challenge the marriage’s validity, leading to complex legal battles.
Marvin Actions: Rights for Non-Marital Partners
While couples cannot establish a common law marriage in California, certain rights are available to non-marital partners who have lived together for an extended period under what is known as a “Marvin Action.” This legal avenue is named after the landmark court case Marvin v. Marvin, which involved a woman seeking support and property division after a long-term relationship with actor Lee Marvin.
Marvin Actions can help unmarried partners address matters like property division, where a partner may claim an interest in property acquired during the relationship (including real estate, vehicles, or other significant assets), especially if there was an agreement or understanding of joint ownership. Marvin actions can also address palimony, which is similar to alimony in divorce, involving possible financial support awarded to a partner following the end of a long-term non-marital relationship – particularly when there’s a significant income disparity. Finally, if written or oral agreements exist regarding finances, property, or other shared responsibilities, a Marvin Action may provide a means to enforce those agreements, potentially involving promises of support, reimbursement, or a specific division of assets.
It’s important to note that Marvin Actions differ significantly from marriage in terms of available legal rights and protections. Unlike marriage, there’s no automatic presumption of shared property or financial responsibility. The process and outcomes of a Marvin Action depend heavily on the specific circumstances of the relationship, making it crucial to have clear evidence of any agreements or understandings between the partners.
Protecting Yourselves as a Non-Marital Couple
Written Agreements
Couples not formally married are wise to take proactive measures for their own legal protection. Consider drafting agreements such as a cohabitation agreement or contracts covering property ownership, financial arrangements, and other aspects of the relationship. These written agreements provide a clear understanding of each partner’s intentions and can prevent future misunderstandings. A written agreement serves as a valuable reference point if conflicts or disagreements arise later on.
Estate Planning
Estate planning tools like wills, trusts, and powers of attorney allow individuals, including non-marital partners, to outline their wishes regarding their assets, healthcare decisions, and other vital matters. Without proper estate planning, partners in an unmarried relationship may not have automatic rights over these matters, potentially creating significant challenges.
Communication and Transparency
Open channels of communication and transparency about finances, property, and the couple’s intentions about the relationship are crucial for avoiding future misunderstandings or conflicts. Honest discussions about long-term goals, financial plans, and expectations can help build a stronger foundation for the relationship and minimize potential surprises.
Seek Legal Counsel
It is always recommended to consult with an experienced family law attorney to understand your rights and options as an unmarried couple in California, particularly when significant assets or complex circumstances are involved. An attorney can provide tailored advice based on your specific situation.
Important Considerations and Takeaways
Married vs Unmarried Couples in California
Whether you are already a California resident or are moving to California, understand that there are significant differences in rights and benefits for married couples compared to those in common law relationships. These differences impact areas like property ownership, healthcare decision-making, and inheritance.
California’s Stance
California does not recognize common law marriages formed within the state. The status of a legal marriage grants numerous automatic rights and protections not extended to non-married couples. This distinction means that couples living together in California, regardless of the relationship’s duration, do not have the same legal status as a married couple.
Existing Common Law Marriages
Couples with valid common law marriages established in other states should be aware of potential challenges in proving their marriage’s status and may face complications in areas like property ownership and inheritance.
The Choice of Formal Marriage
Formal marriage, through obtaining a marriage license and holding a ceremony, remains the most straightforward and secure way to gain the full legal rights and protections offered by the state of California, for financial, property, and familial interests.
If you have questions about California relationship law related to marriage versus cohabitation,
contact Seeley Family Law today for a consultation. We can provide expert guidance on the state law that applies to your situation and tailor a solution specific to your needs.
