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The Truth Behind Common Law Marriage in California
When it comes to common law marriage, many people have misconceptions about its legality and requirements. In reality, California is one of the few states that does not recognize common law marriages. Unlike states such as Texas or Colorado, where couples can establish a legal marriage without a formal ceremony or marriage license, California strictly adheres to its laws regarding marriage.
So, What is a Common Law Marriage?
A common law marriage, also known as a non-ceremonial marriage, is a union that is recognized by the state despite the absence of a marriage license or formal ceremony. In states that recognize common law marriages, couples are considered legally married if they meet certain criteria, such as living together for a specific period of time and presenting themselves as a married couple to the public.
However, it’s important to note that even if you meet the requirements for a common law marriage in a state that recognizes it, that marriage may not be recognized in California. This means that if you move to California after establishing a common law marriage in another state, you will not be considered legally married in the eyes of the law.
What Does This Mean for Unmarried Couples in California?
Since common law marriage is not recognized in California, unmarried couples do not have the same legal rights and protections as married couples. This can have significant implications, especially when it comes to property rights, health care decisions, and inheritance.
For example, if a couple has been living together for years and one partner unexpectedly passes away, the surviving partner may not have any legal claim to the deceased partner’s assets or property. In the absence of a will, the assets may be distributed according to California’s laws of intestate succession, which may not align with the deceased partner’s wishes.
Protecting Your Rights as an Unmarried Couple
While common law marriage may not be an option in California, there are steps that unmarried couples can take to protect their rights and ensure that their wishes are respected.
1. Cohabitation Agreement: A cohabitation agreement is a legal document that outlines the rights and responsibilities of each partner in a non-marital relationship. This agreement can cover various aspects, such as property division, financial obligations, and child custody arrangements.
2. Estate Planning: Creating a will or trust is crucial for unmarried couples who want to ensure that their assets are distributed according to their wishes. Without a will or trust, the state’s laws of intestate succession will determine how the assets are distributed.
3. Power of Attorney: Granting power of attorney to your partner allows them to make important decisions on your behalf, such as medical or financial decisions, in case you become incapacitated.
In Conclusion
While common law marriage may not be recognized in California, unmarried couples still have options to protect their rights and ensure that their wishes are respected. By taking proactive steps such as creating a cohabitation agreement, engaging in estate planning, and granting power of attorney, couples can establish legal protections that mirror those afforded to married couples.
It’s important for unmarried couples to be aware of the legal implications of their relationship and take the necessary steps to safeguard their rights. Consulting with an experienced family law attorney can provide valuable guidance and ensure that you have the necessary legal documents in place to protect your interests.
