California common law marriage – Myth and Reality

california common law marriage california common law marriage California common law marriage – Myth and Reality 496fe864b57f4dea80ddfb6d05a799fc 1032749090 300x300California Common Law Marriage doctrine.

California Common Law Marriage – Myth or Reality?

Common law marriage is a situation in which a couple live together as if they were husband and wife; buying properties, sharing bank accounts, raising kids, but never got a marriage license.

Although California abolished the common law marriage doctrine in 1895, there are some exceptions in which a California court would consider a common law marriage as valid. For example, if the couple were living in
a common law marriage jurisdiction and satisfied all the requirements for common law marriage in this jurisdiction, they are married under the law of that state. If they decide to relocate in California later, their
marriage will be recognized.

There are about ten states in the USA which recognize common law marriage.

Each state has different requirements to define common law marriage such as, how long the parties need to live with each other to qualify for common law marriage and the minimum age they should be, etc.

Another exception for recognizing California common law marriage is a contractual relationships between parties.
In the famous California case, Marvin v. Marvin, Michel sued her partner for financial for spousal support. The court awarded Michel to claim such support even though the parties were never officially married, but
lived together. She eventually lost the claim because she could not prove the contractual relationship.
Other cases were successful provided that a party could show either an explicit written agreement or an implied agreement that parties intended to provide support or share properties.

In order to show that a California Common Law marriage was valid, the written contract does not need to be drafted professionally; if the major provisions of a the basic understanding of a contractual relationship is
provided, the judge could fill the gaps if there are any, and then divide properties according to community properties principles or awarding financial support.

If you are trying to provide evidence that you have a California Common Law marriage without a written agreement, it is more challenging, but possible.
The court will look at the factors such as whether the parties were commingling their finances, whether they purchased a house in both of their names, whether each of them placed a down payment on that house.
In consideration of financial support the, court will look at why one of the spouses quit his/her job. Perhaps one of the couple sacrificed his/her career to take care of the others needs, did cleaning, cooking relying that it if the relationship would be broken, she/he would be entitled to financial support.

If you are in a California Common Law marriage relationship and thinking about ending relationship

there are many factors you will need to value and it would be a good idea to see a divorce attorney.

  1. California and Common Law Marriage: California does not recognize common law marriage as a legal institution within its jurisdiction. As mentioned, the state abolished common law marriage over a century ago, in 1895. This means that no matter how long a couple has lived together or how commingled their lives and finances may be, California law does not grant them the legal status of being married simply based on those factors.
  2. Recognition of Out-of-State Common Law Marriages: However, California, like other states, recognizes the “full faith and credit” clause of the U.S. Constitution, meaning it respects and acknowledges the laws and judicial decisions of other states within the United States. Consequently, if a couple legally establishes a common law marriage in a state that recognizes such unions (provided they meet that state’s specific criteria for common law marriage), and they later move to California, California will recognize their marriage as valid.
  3. Contractual Relationships and Marvin Claims: The case of Marvin v. Marvin, which you referenced, is a landmark case in California that does indeed provide a basis for financial support and property division for couples who have cohabitated but are not formally married. The principle behind “Marvin” claims is that even without a marriage, individuals can enter into agreements, explicit or implied, regarding their property and financial support. These agreements can be enforceable in court, similar to how disputes in business relationships might be resolved. However, proving such agreements exists can be challenging without clear, written documentation.
  4. Evidence of Non-Marital Co-habitation Agreements: In cases where there is no formal written agreement, courts will look at various factors to determine if an agreement existed between the parties. These factors might include joint financial activities, property co-ownership, and the overall nature of the relationship. Each party’s contributions to the relationship, financially or otherwise (such as sacrificing a career), may also be considered.
  5. Seeking Legal Advice: Given the complexities and nuances of proving a non-marital cohabitation agreement or asserting rights similar to those of a spouse, it’s indeed advisable for individuals to seek legal counsel. A family law attorney can provide guidance on the specific evidence needed and the potential legal strategies to pursue claims for property division or support.

To sum up, while common law marriage as a legal status does not exist in California, there are pathways for individuals who have cohabitated to seek rights similar to those afforded to married couples, particularly through the establishment of contractual relationships. Given the legal intricacies and the need for personalized advice, consulting with a knowledgeable family law attorney is crucial for anyone navigating these issues.

Expanding further on the discussion of non-marital relationships and their legal considerations in California, it’s important to delve into the practical steps individuals can take to protect their rights and interests when in a cohabitating relationship that might be akin to a marriage in function, but not in legal recognition.

Practical Steps for Protecting Rights in Non-Marital Relationships

1. Cohabitation Agreements: Similar to prenuptial agreements, cohabitation agreements can outline the division of property, financial support, and other responsibilities if the relationship ends. These agreements provide a clear, legally binding document that reflects the intentions and agreements of the parties involved.

2. Property Ownership: For couples buying property together, it’s crucial to consider how to title the property. Holding property as joint tenants with rights of survivorship or as tenants in common can have significant implications for property division if the relationship ends or if one party passes away.

3. Financial Planning: Maintaining detailed records of who contributes to what, especially in terms of property purchases, home improvements, or other significant investments, can be vital in establishing the nature of the financial arrangements between the parties.

4. Estate Planning: Even without marriage, individuals can make clear legal arrangements for their partner’s benefits in the event of their death. This might include wills, trusts, healthcare directives, and durable powers of attorney, ensuring that their partner is recognized and provided for according to their wishes.

5. Parental Rights: For couples raising children, establishing legal parentage and custody arrangements can protect both the parents’ and the children’s rights. This might involve legal adoption processes or formal agreements about the parenting roles and responsibilities.

Challenges in Proving Non-Marital Agreements

Despite these precautions, challenges can arise in proving the existence and terms of non-marital agreements, especially in the absence of written documentation. Courts will scrutinize the evidence presented, which may include:

– Written Communications: Emails, texts, or letters where the parties discuss their intentions, plans, or agreements regarding their relationship and finances.
– Witness Testimony: Friends, family, or others who were aware of the relationship dynamics and any agreements or understandings between the parties might provide valuable insights.
– Behavioral Evidence: How the couple presented themselves publicly, joint purchases, shared expenses, and other behaviors that might indicate a mutual understanding or agreement.

The Role of Legal Advice

Given the potential for disputes and the complexity of establishing rights and agreements outside of marriage, legal advice becomes indispensable. A family law attorney can offer guidance on:

– Drafting cohabitation agreements or other legal documents to formalize the relationship’s financial and property arrangements.
– Advising on property ownership and estate planning to protect both parties’ interests.
– Representing individuals in disputes related to property division, financial support, or other issues arising from the end of the relationship.

Conclusion

While California does not recognize common law marriage, there are legal mechanisms through which individuals in non-marital relationships can protect their interests and rights. Through proactive planning and legal agreements, couples can establish a clear framework for their relationship, akin to the protections offered by marriage. However, due to the complexities involved, seeking legal counsel is crucial to navigate these arrangements effectively and ensure that both parties’ intentions are accurately documented and enforceable.

 

 

 

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