Couples who live together without officially marrying have certain marriage-related rights in some states. Unfortunately, California is not one of them. In the Golden State, common law marriage was abolished in the 19th century. As a result, couples who do not obtain an official marriage license have limited rights.
Understanding the essence of common law marriages in Covina is important for making informed legal decisions, particularly regarding estate planning. To protect your loved ones, it is essential that you make special provisions.
Common Law Marriages from Other States
While California does not allow common law marriages, it does recognize marriages that were established in other states where they are legal. If a couple formalizes their common law marriage while living in another state, California will treat it as a legal marriage.
It is important to note that laws in states that recognize common law marriages can change at any time, along with the requirements that must be met for such marriages to be considered legal. Some states may only recognize common law marriages if they were established before a certain date. For example, if a state decides to abolish a common law marriage, it may still recognize marriages that were established before the new law took effect.
Contracts in Common Law Marriages
To protect assets in a common law marriage, it is advisable to sign a contract known as a cohabitation agreement or domestic partnership agreement.
Such a contract should include points about:
- Property ownership: Who owns what now, and how new property will be owned
- Division of property: How assets will be divided if the relationship ends
- Financial responsibilities: How rent, utilities, and other shared expenses will be paid
- Debt management: Responsibility for current and future debts
- Support obligations: Whether either partner will provide financial support if the relationship ends
- Dispute resolution: How disagreements will be handled (e.g., mediation or arbitration)
- Healthcare decisions: Whether partners can make medical decisions for each other
- Estate planning intentions: Clarification of wills, beneficiaries, and inheritance rights
For example, if one partner buys a house in Covina but both contribute to the mortgage, a cohabitation agreement can clarify each person’s financial share. This can help the other spouse claim a part of their assets in the event of a breakup.
Estate Planning for Unmarried Couples
Since California does not recognize common law marriages, couples who live together in Covina need to make an extra effort to plan for their future. Long-term partners who decide not to get a marriage license must consider proper estate planning. Important tools that can protect one partner in the event of the other’s passing are wills and living trusts.
For example, if one partner passes away without a will, the other surviving partner may receive nothing, regardless of how long they were in a relationship. However, if the deceased partner mentions the surviving person in their will, the latter can count on support after the former’s death.
Discuss Common Law Marriages With a Qualified Attorney in Covina
Common law marriages in Covina are not recognized, but there are other ways to ensure that both partners are protected. These options include signing contracts and taking a responsible approach to estate planning.
At Amity Law Group, we can assist you in planning for the future and ensuring that both partners understand and can exercise their rights. Call us to schedule a detailed consultation today.
