Common Law Marriage in California: A Love Story (Or Not)
So, you've been living with your partner for what feels like a century, sharing everything from toothbrushes to existential crises. You've probably even started referring to them as your "spouse" in casual conversation. But hold your horses, lovebirds! Before you start planning that joint retirement home, let's talk about something that might burst your bubble: common law marriage.
California: The Land of No Common Law Marriage
Let's get straight to the point: California does not recognize common law marriage. That's right, no matter how long you've been together, no matter how many kids you've produced, and no matter how many times you've accidentally called the cable company to say you're "Mr. and Mrs.", you are not legally married.
It's like the universe is playing a cruel joke on you. You've built a life together, shared dreams, maybe even endured a few reality TV shows – but legally, you're just roommates with benefits. Harsh, but true.
But Wait, There's a Twist!
Okay, so you can't magically become married by osmosis in California, but there's a tiny glimmer of hope. If you were in a common law marriage in another state that recognizes it (like Texas or Colorado), and you move to California, your marriage is still valid. It's like bringing a piece of your old life with you, but in legal form.
What About Those Rights?
You might be wondering, "If I'm not married, what rights do I have?" Well, fear not, unmarried couples in California have some protections. You can enter into contracts, own property together, and even make decisions about each other's healthcare. But when it comes to things like inheritance and spousal support, you're out of luck.
So, What Now?
If you want the legal protections and benefits of marriage, the only way to do it in California is to get a marriage license and have a ceremony. It's a bit of a downer, we know, but hey, at least you can have a fancy party and get a really nice cake.
How to...
- How to protect yourself as an unmarried partner? Consider creating a living together agreement or a domestic partnership.
- How to get married in California? Obtain a marriage license from the county clerk's office and have a legally authorized officiant perform the ceremony.
- How to determine if your out-of-state common law marriage is valid in California? Consult with an attorney to evaluate your specific situation.
- How to avoid accidentally getting into a common law marriage? Be clear about your relationship status and avoid using married-sounding terms.
- How to cope with the fact that you're not legally married? Focus on the love and commitment you share with your partner, and remember, a piece of paper doesn't define your relationship.
