So You Think You're Married in California by Way of Cozy Nights In and Takeout Boxes? Think Again, Partner!
Living together with your significant other can feel like a full-blown marriage sometimes. You share a bed (or at least steal most of the covers), have a system for dealing with the overflowing laundry basket (his side, her side, never the middle!), and know exactly whose turn it is to take out the recycling (it's always a mystery). But before you break out the bubbly and celebrate your "common-law marriage," California has some news for you.
Hold on, No Rings? No Problem...Right?
Nope! Unlike some states where shacking up for a while can magically transform you into a married couple, California does not recognize common-law marriages. That means no matter how long you've been sharing that California king-size bed (and all its questionable stains), in the eyes of the law, you're just roommates...with benefits, maybe.
But wait! There's a twist! (Because what good story doesn't have one?)
Out-of-State Romantics, We Got You (Kind Of)
So, you and your partner eloped to Colorado and lived there as a common-law married couple for years before moving to sunny California. Congratulations, you crazy lovebirds, you might still be married! California recognizes common-law marriages established in other states, as long as you met all the requirements of that particular state.
Word to the wise: This doesn't mean you can just move to California, hold hands dramatically on the beach, and declare yourselves married. There has to be some evidence you were a common-law couple in the original state.
So, What Are My Options, California?
Don't fret, lovebirds! If the whole common-law marriage thing isn't an option, there are still ways to navigate your relationship with some legal protection:
- Get hitched! I know, shocking, right? But a formal marriage gives you both a ton of legal rights.
- Consider a domestic partnership. California offers domestic partnerships which provide some of the same legal protections as marriage, but without the fancy ceremony (or the expensive cake).
- Lawyer Up! A cohabitation agreement can be drawn up by a lawyer to outline how you and your partner will handle finances and property if things go south.
Because, let's be honest, sometimes love stories don't have happy endings.
FAQ: Common-Law Marriage in California, Unanswered Questions Remain!
How to know if my common-law marriage from another state is valid in California?
Consult an attorney specializing in family law. They can review the specifics of your situation and let you know if your out-of-state common-law marriage holds water in California.
How to get a domestic partnership in California?
You and your partner need to register with the California Secretary of State. There's a fee involved, but it's a much simpler process than a traditional marriage.
How to write a cohabitation agreement?
This is a job for a lawyer. They can help you draft a document that outlines how you'll handle finances and property division if you separate.
How to avoid this whole common-law marriage confusion altogether?
Get married! Or, you know, have a very clear conversation with your partner about your expectations for the relationship.
How to move on with my life after this whole common-law marriage debacle?
Ice cream and rom-coms. Trust me, it works.
