What is Common Law Marriage?
Common law marriage in California is a legal marriage and an informal marriage which means that the married couple never had a formal wedding ceremony and never got a marriage license or marriage certificate.
In a common-law marriage, the parties simply agree to consider themselves married.
But in states that allow common-law marriage, couples in a common-law marriage still might have the same rights as a married couple who went through a formal marriage process.
Generally, a married couple is common-law married when They live together for some time and if they hold themselves out to friends, family, and the community as “married”.
For example, a couple that has lived together for over 10 years, has joint bank accounts, shares the same last name, shares a car, and identifies as married to their friends and family can be married through common law in eligible states.
Because common law marriage is one of the oldest forms of marriage, dating back to the 1800s, most states no longer recognize it as a valid form of matrimony.
States that allow for common-law marriage can create their own rules for who qualifies. Common requirements for common-law marriage states include:
Living together: the longer a couple lives together, the stronger their case is for common-law marriage.
Legal right or “capacity” to marry: Both partners must have the legal capacity to marry. Usually, this means they must both be at least 18 years old and of sound mind. They also can’t already be married to other people.
Intent: Both partners must intend to be married.
Behaving as a married couple: Both partners must hold themselves out to friends, family, and the public as being a married couple.
Common Marriage Law in California
Only some states recognize common-law marriages. Importantly, California does not have a common law marriage law.
This means that a couple won’t be considered legally married no matter how long they’ve lived together in the state of California.
California law declares that if a marriage is valid based on the laws of a different location such as another state or foreign country, where the marriage occurred, then California will recognize the marriage.
Let’s Assume that a couple lived in another state or territory where common law marriage was recognized, and they were officially considered married.
The couple later decides to move to California. In general, family law courts could recognize their marriage as official in this state.
Rights for Unmarried Couples in California
There is no common law marriage in the State of California. This means that if two people live together, no statute confers the rights of married couples upon them. there is the concept of domestic partnership. A new law in the State of California allows any couple to apply for domestic partnership, which offers similar benefits to marriage under the law.
It is important to note that domestic partnership arrangements in California are not federally recognized, and therefore, couples may still have a difficult time sponsoring a non-citizen partner for citizenship, sharing federal employee benefits, or accessing the rights and protections of married couples in other states.
Finances
According to the State of California, two people living together who are not married are two separate and distinct individuals concerning finances.
No bank accounts, investments, or savings accounts will be jointly owned. If anything is held jointly, it will be divided equally in the absence of any other legally recognized agreement.
No alimony will be available to either party if the couple splits, however, if there is a child, a partner will be entitled to child support.
Children
If two people who are unmarried and have children together separate, different laws apply regarding child custody. Both parents will have equal rights regarding their children, but the decisions regarding child custody and child support will still need to be determined.
In cases of unmarried couples, unlike those that are married, for a child to receive child support or an inheritance, paternity must be established by agreement or by an action (such as a medical test).
Property
If an unmarried couple owns a house, or other substantial property together, it will be divided equally upon separation.
If only one person is listed as an owner, but both partners have contributed to the payments, the partner not listed on the property will need to seek legal counsel to attempt to claim part ownership in the property and a court of law will make a final decision regarding the division of that property.
10-Year Marriage Law in California
According to California Family Code 4336, a court will have perpetual jurisdiction over a divorce or separation involving parties who have had a long-term marriage, absent a formal agreement or court order ending spousal support.
The law assumes that “a marriage of 10 years or more” from the date of marriage to separation is “a marriage of long duration” to maintain jurisdiction.
To reach this decision, the court may also consider the length of the parties’ separation. Furthermore, the statute makes it clear that the court may “determine that a marriage of less than 10 years is a marriage of long duration.” When spousal support is awarded, it is typically given for a maximum of half the duration of the marriage. F
or example, in a four-year marriage, the court might mandate that the higher-earning spouse provide two years of support to the other spouse.
Additionally, the court may decide to set longer or shorter support orders. The court continues to have jurisdiction over a couple who have been married for a long time.
Ten years into a marriage, there’s a chance that support could be ongoing or even permanent.
A judge’s decision to grant spousal support following a protracted marriage will be based on several variables, such as the contributions made during the marriage and the spouse’s earning capacity.
Social Security is another area where the 10-Year Rule might be relevant. Additionally, ten years is regarded by the Social Security Administration as a long-term marriage.
This is significant because it means that, depending on your ex-spouse’s record, you might be qualified for Social Security benefits upon reaching retirement age if you have been married for ten years.
There is also a 10-year Rule for military divorce. A military retiree’s former spouse may be entitled to direct payment and enforcement of their community share if the service member was married for ten years or longer while serving on active duty.
Those divorced from the military and who were married for less than ten years while on active duty may also be entitled to their community share of their ex’s retirement.
Nevertheless, the military finance office will not be able to pay these people directly for their portion of the benefit.
Common-Law Marriage in Other States
The following states allow common-law marriages. Each state has different requirements for a long-term relationship to qualify as common law:
- Alabama
- Colorado
- District of Columbia
- Georgia (if the relationship began before 1/1/97)
- Idaho (if the relationship began before 1/1/96)
- Iowa
- Kansas
- Montana
- New Hampshire (inheritance only)
- Ohio (if the relationship began before 10/10/91)
- Oklahoma (Conflicting laws, discuss with a family law attorney)
- Pennsylvania (if the relationship began prior to 1/1/05)
- Rhode Island
- South Carolina
- Texas
- Utah
However, common law marriages that are lawfully formed in states that permit them must be recognized by all 50 states. Therefore, if you got married under common law in one of the states below and then moved to another, your new state will have to accept your marriage as legal.
The Myth
There is a common misperception that if you live together for a certain length of time (seven years is what many people believe), you are common-law married. This is not true anywhere in the United States.
Conclusion
In conclusion, common law marriage is still a complicated and sometimes contested aspect of legal recognition because it is a product of historical necessity and changing social norms.
Only a small number of jurisdictions still recognize this type of union, even though it is based on the ideas of mutual agreement and cohabitation.
People managing relationships and legal issues need to comprehend the requirements, consequences, and constraints of common-law marriage.
The future of common-law marriage is still being discussed in court, reflecting how family law and interpersonal relationships are always evolving to meet the needs of modern society.
Also Read: Common Law Marriage in South Carolina
FAQ’s
How long is common law marriage in California?
California is not a state that recognizes common-law marriages. This means that, no matter how many years you spend living with a partner, you will not have the rights and privileges of a married couple unless you go through the process of becoming legally married in California.
What is the 10 year marriage rule in California?
The automatic legal rule, triggered by a divorce after 10 or more years of marriage, is that the court retains jurisdiction. This means that the court can continue to monitor the lives of the spouses. As facts change, the court may modify its original orders.
How does common law work in California?
Only some states recognize common-law marriages. Importantly, California does not have a common law marriage law. This means that a couple won’t be considered legally married no matter how long they’ve lived together in the state of California.
What makes a marriage valid in California?
A valid marriage under California law requires the consent of the parties to enter into a civil contract. But the parties’ consent does not alone constitute a marriage. To validate the marriage, the consent must be followed by issuance of a license (Family Code Section 350).
What are the rights of unmarried couples in California?
Unmarried couples are not entitled to the property, inheritance and spousal support rights of married couples, but they do have the right to enter into an agreement that specifies how these issues are handled. That said, California does place some restrictions on agreements between unmarried couples.
Reference:
Common-law marriage | Recognition, Requirements & Benefits | Britannica
California Common Law Marriage 2023 – All You Need to Know (allamericanlawfirm.net)
What is the “10-Year Rule” in a California Divorce? – Judy Burger Law
Alimony in California: The Mythical 10-Year Rule | DivorceNet
California’s 10-Year Marriage Rule: Fact or Fiction? (familylawsandiego.com)
Which States Recognize Common Law Marriage? | Sterling Law Offices (sterlinglawyers.com)