Many people wonder if living together for several years, sharing bills, or referring to each other as spouses creates a “common law marriage” in California. The short answer is no – California does not recognize common law marriages formed within the state. To be considered married in California, there must be consent between the parties, a valid marriage license, and a ceremony known as solemnization.
PART 1. VALIDITY OF MARRIAGE [300 – 310] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )
300.
(a) Marriage is 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. Consent alone does not constitute marriage. Consent must be followed by the issuance of a license and solemnization as authorized by this division, except as provided by Section 425 and Part 4 (commencing with Section 500).
(b) For purposes of this part, the document issued by the county clerk is a marriage license until it is registered with the county recorder, at which time the license becomes a marriage certificate.
This means a cohabiting partner does not automatically have the authority to make important decisions for the other’s medical care or finances if one partner becomes unable to speak for themselves. In addition, unmarried partners do not inherit property from one another by default if one partner passes away without a will. Because these legal benefits do not apply to cohabiting couples in California, it is important to create specific legal documents – such as powers of attorney, wills, or trusts – to make sure your wishes are honored and your partner is protected.
Exceptions For Out-of-State Common Law Marriages
While California does not allow common law marriages to be created within the state, it does usually recognize a common law marriage if it was validly established in another state where this type of union is legally allowed. This means that if you and your partner formed a common law marriage elsewhere and then moved to California, the state may treat you as a married couple when it comes to important matters like property division or spousal support.
To help make sure your marriage is recognized and your rights are protected, you should gather evidence such as shared bank accounts, joint tax returns, a history of living together, and any documents or correspondence showing you held yourselves out as married. Consulting with a Family law attorney familiar with family law in California can give you guidance on how best to protect your interests.
Registered Domestic Partnerships in California
California recognizes Registered Domestic Partnerships (RDPs) as an alternative to marriage for couples who want legal recognition and protection for their relationship. Under California Family Code §297 and related laws, both same-sex and opposite-sex couples can enter into an RDP. To register, both partners usually need to be at least 18 years old, not married or already in another partnership, living in a common residence, and able to legally consent.
The process involves filing a Declaration of Domestic Partnership with the California Secretary of State and paying a registration fee.
Rights and Differences from Marriage
RDPs provide many of the same state-level rights and responsibilities as marriage, including property rights, hospital visitation, inheritance, and the ability to make medical decisions for each other. Partners in a registered domestic partnership can also access state-provided spousal benefits and protections related to everything from employment to retirement. However, RDPs are different from marriage in some areas.
For example, some federal benefits – such as Social Security survivor’s benefits or federal tax filings – may be unavailable to RDPs – to learn more info contact us to schedule a free consultation
If you want more details about your rights under California law or have any questions related to family law, we’re here to help. Contact us today to schedule a free consultation.