Kara Sears
California does not recognize common-law marriages. The state abolished common-law marriages in 1895, and since then, couples have been required to obtain a marriage license and formally register their union to be considered legally married. Despite this, there is an exception to this rule. If a couple has a valid common-law marriage in a state that recognizes such unions and then relocates to California, their marriage will generally be recognized as valid. Couples in California who wish to be legally married must follow the state's formal marriage process, which includes obtaining a marriage license and having a ceremony performed by an authorized officiant.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriages | California does not recognize common-law marriages. |
| Exceptions | California recognizes common-law marriages established in other states where such unions are recognized. |
| Requirements for marriage | Couples must obtain a marriage license and have a formal ceremony performed by an authorized officiant. |
| Domestic partnerships | Recognized in California, providing similar rights and benefits to marriage but with some legal differences. |
| Registration of domestic partnerships | Through local government, place of employment, or the state itself. |
| Eligibility for domestic partnerships | Both partners must be over 18, neither can be married or in another domestic partnership, both must consent, and they must not be related by blood. |
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What You'll Learn
California does not recognise common-law marriages
California does not recognize common-law marriages. The state abolished common-law marriages in 1895, and since then, couples have been required to obtain a marriage license and formally register their union to be considered legally married. This means that there are no specific requirements or criteria that can be met to establish a common-law marriage in California.
To be legally married in California, a couple must obtain a marriage license and have a formal ceremony performed by an authorized officiant. This ceremony can be religious or civil and must be licensed and solemnized. Both parties must freely consent to the marriage and be of legal age or have parental consent. Neither party should be under any disability that prevents them from entering into a valid marriage.
It is important to note that couples in a "common-law relationship" in California are not automatically able to make claims to their partner's assets or make important financial or medical decisions for their partner. However, there is an exception. If a couple had a common-law marriage in a state that recognizes such unions and then moves to California, their marriage will generally be recognized as valid.
California Family Code Section 300 defines marriage as "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." This statute effectively eliminates the possibility of common-law marriage in the state. While California does not recognize common-law marriage, it does offer domestic partnerships that provide similar rights and benefits to marriages. Domestic partnerships are available for same-sex and opposite-sex couples and can be registered through the local government, place of employment, or the state itself.
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An exception is made for out-of-state common-law marriages
California does not recognize common-law marriages formed within the state. The state abolished common-law marriages in 1895, and since then, couples have been required to obtain a marriage license and formally register their union to be considered legally married. This means that cohabiting couples in California do not have the same rights and protections as legally married couples.
However, an exception is made for out-of-state common-law marriages. California will recognize and honor common-law marriages that were established in another state, as long as they meet the requirements of that jurisdiction. This means that if a couple has a valid common-law marriage in a state that recognizes such unions and then relocates to California, their marriage will generally be recognized as valid.
The recognition of out-of-state common-law marriages in California is based on the state's definition of marriage and previous case law. California Family Code Section 300 defines marriage as "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." In the case of Marvin v. Marvin (1976), the California Supreme Court ruled that while the state does not recognize common-law marriages, unmarried couples who live together and share property or assets may be able to establish certain rights and obligations based on implied or express contracts.
It is important to note that the laws and requirements surrounding common-law marriages vary from state to state, and only a few states recognize them. Couples considering a common-law marriage or relocating to California with an existing common-law marriage should seek legal advice to understand their rights and protections fully.
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Domestic partnerships are not the same as common-law marriages
California does not recognize common-law marriages. The state abolished them in 1895, and since then, couples have been required to obtain a marriage license and formally register their union with the state to be considered legally married. There is one exception to this: if a couple had a common-law marriage in a state that recognizes such unions and then relocated to California, their marriage will generally be recognized as valid.
Domestic partnerships, on the other hand, are a separate legal status from marriage in California. While they provide many of the same rights and benefits as marriage, they do not qualify as common-law marriages. Domestic partnerships are legally available for same-sex and opposite-sex couples and are defined as "two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring."
To register for a domestic partnership in California, couples have three options: registering through the local government, their place of employment, or the state itself. The first step is to check that both partners meet the qualifications. Domestic partners may enter into non-marital relationship contracts to agree on issues involving property ownership, support obligations, and similar issues common to marriage.
While there are similarities between marriages and domestic partnerships, they differ when it comes to the legal rights they provide. Marriage offers over 1,000 different benefits, while domestic partnerships have their limitations. For example, partners in a domestic partnership cannot file federal taxes together, transfer unlimited assets without tax, or always receive family benefits through their insurance.
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Couples must obtain a marriage license and have a ceremony
California does not recognize common-law marriages. The state abolished them in 1895, and since then, couples have been required to obtain a marriage license and formally register their union to be considered legally married. Therefore, couples in California must follow the state's formal marriage process, which includes obtaining a marriage license and having a ceremony performed by an authorized officiant.
To obtain a marriage license in California, couples must apply in person at any county clerk's office. They must bring valid photo identification, such as a driver's license, passport, or birth certificate, and pay a fee, which varies by county. There is usually no waiting period, and the license is valid for 90 days. Some counties may also offer an online application process. It is important to note that marriage licenses are only valid for ceremonies performed in California.
The marriage ceremony in California must be performed by an authorized officiant, such as a priest, rabbi, minister, or judge. The officiant must sign and return the license to the county recorder within 10 days of the ceremony. The recorded marriage certificate is then mailed to the couple. Same-sex and opposite-sex couples have been able to legally marry in California since 2015.
While California does not recognize common-law marriages formed within the state, it does acknowledge those established in other states that allow them. For example, if a couple has a valid common-law marriage in a state that recognizes such unions and then moves to California, their marriage will generally be recognized as valid. This exception is outlined in California Family Code Section 300, which defines marriage as "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."
It is important to note that, in California, domestic partnerships are a separate legal status from marriage. Domestic partnerships offer many of the same rights and benefits as marriages but do not qualify as common-law marriages. Couples in a domestic partnership can register through the local government, their place of employment, or the state itself, and must meet certain eligibility criteria, such as both partners being over 18 and not married or part of another domestic partnership.
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Unmarried couples can take legal steps to safeguard their interests
California does not recognize common-law marriages. Couples wishing to be legally married in California must obtain a marriage license and have a formal ceremony performed by an authorized officiant. However, unmarried couples in California can take legal steps to safeguard their interests and protect their rights. Here are some ways to do that:
- Domestic Partnership Registration: California recognizes domestic partnerships, which offer similar state-level legal rights as marriage, including rights related to healthcare, inheritance, and more. Domestic partnerships provide a way for couples to make their relationships legally official without getting married, and they are available for both same-sex and opposite-sex couples.
- Cohabitation Agreements: These are legally binding contracts between two people who live together and are in a romantic relationship but are not legally married. Cohabitation agreements are similar to prenuptial agreements and allow couples to outline their rights and responsibilities, particularly regarding finances, property, and other assets. These agreements can provide protection in the event of a breakup or the death of a partner.
- Joint Tenancy and Property Ownership: Unmarried couples can acquire property as joint tenants with a right of survivorship, ensuring that if one partner dies, the other automatically inherits their share without probate. This can help safeguard the interests of the surviving partner.
- Estate Planning: Unmarried partners do not automatically have the same inheritance rights as spouses, but careful estate planning can help establish and protect these rights. Creating a will or estate plan can ensure that a partner inherits property or assets as intended.
- Legal Counsel: Consulting with a knowledgeable family law attorney can provide invaluable guidance to unmarried couples. Attorneys can assist with drafting cohabitation agreements, prenuptial contracts, and addressing issues related to property, support, and custody matters.
By taking these legal steps, unmarried couples in California can strengthen their rights and protect their interests, even without a formal marriage.
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Frequently asked questions
No, California does not recognize common-law marriages. The state abolished common-law marriages in 1895, and couples must obtain a marriage license and formally register their union to be considered legally married.
Yes, if a couple establishes a valid common-law marriage in a state that recognizes such unions and then relocates to California, their marriage will generally be recognized as valid.
An alternative to common-law marriage in California is registering as domestic partners, which provides many of the same rights as marriage, including health insurance, child rights, and family rights.
