Does Common Law Marriage Exist in California? Yes and No.

The question is whether common law marriage exists in California. The answer is both yes and no, and we will explain why here.

Information We Will Cover on Common Law Marriages

• Does Common Law Marriage Still Exist in California? Here's What You Need to Know
• Understanding Common Law Marriage in California: Historical Context
• California's Recognition of Common Law Marriage: Limited Exceptions
• Case Law: Has California Ever Recognized a Common Law Marriage?
• What Happens if There Is No Valid Common Law Marriage but Shared Assets Exist?
• The Importance of Legal Advice on Common Law Marriage Issues in California

Understanding Common Law Marriage's History

Marriage in California is governed by statutory law. This means that to be legally valid, marriage must follow the formal processes outlined in the state's marriage licensing and solemnization laws.

Why is this the case? The answer lies in the evolution from the Old West to the modern state. As California transitioned into statehood and society became more regulated, laws were enacted to formalize various aspects of life, including marriage. One change was the abolition of common law marriage in California in 1895. But does this mean California will never recognize a common law marriage under any circumstances?

California's Recognition of Common Law Marriage: Limited Exceptions

While it is generally true that California does not recognize common law marriages formed within the state, there are exceptions to this rule. Specifically, if a common law marriage is valid under the laws of another state or country, California may recognize it.

For example, if a couple legally enters into a common law marriage in another state or country and then moves to California, California may recognize that marriage. However, this is not guaranteed, as disputes may arise over the validity of the marriage under the laws of the other jurisdiction. Ultimately, a California court would have to decide whether to recognize the common law marriage based on the specific facts and legal arguments presented.

Case Law: Has California Ever Recognized a Common Law Marriage?

Yes, it has. While uncommon, there are instances where California courts have recognized common law marriages formed in other states. A notable example is the 1986 appellate court decision in the Marriage of Smyklo, where a common law marriage from Alabama was recognized in California. This case highlights the distinction between invalid common law marriages formed in California and valid common law marriages formed outside the state that are recognized here.

What Happens if There Is No Valid Common Law Marriage but Shared Assets Exist?

In situations where no valid common law marriage exists, but a couple shares assets in California, several legal questions may arise. Consider the following:

1. Does the joint account provide equal rights to the funds within it?
2. Are either party listed as an alternate payee on a 401(k) or a pension beneficiary?
3. Does being on the title to real estate confer equal or other ownership interests? Does the form of title (tenancy in common or joint tenancy) matter?
4. Is there a potential Marvin claim, often referred to as a "palimony" case?
5. Are there other legal claims to consider?

These questions are just the starting point. Wills, trusts, estate planning, and paternity laws may also come into play, especially if the couple has children. Consulting with an attorney is important to navigate these issues.

The Importance of Legal Advice on Common Law Marriage Issues

Determining whether a common law marriage should be recognized in California requires careful legal analysis. Consult an experienced attorney who can assess your situation and advise you on the best course of action. This is especially important if you face legal challenges regarding recognizing a common law marriage or the division of shared assets.

We hope this article has provided valuable insights into common law marriage in California.