Common law marriage is a concept that often leads to confusion, especially when couples move between states with different laws. According to a new Pew Research Center survey, 78% of young adults aged between 18 and 29 are in favor of cohabitation and say that it is acceptable even for couples who don’t plan to get married.
Some states that support common-law marriage allow couples to be considered legally married without obtaining a formal marriage license or participating in a formal ceremony.
But did you know that the recognition of common law marriage has become more limited, and each state has specific laws regarding this type of union?
Let’s talk about common-law marriage in California and New York and answer some questions that surround this.
History of Common Law Marriage in California
Common law marriage in California has a complicated history that traces back to the state’s early days of settlement. In the 1800s, during the Gold Rush era, many couples in California lived in remote areas where access to official marriage ceremonies was limited. Common-law marriages became a practical way for these couples to establish their legal status as spouses without a formal ceremony.
During this time, courts in California began to recognize common law marriages entered into by mutual consent and agreement, even if not solemnized by a ceremony. This recognition was underpinned by the principle of granting legal rights and protections to individuals who presented themselves as married and acted accordingly.
Over the years, as California’s legal landscape evolved, the state’s stance on common law marriage shifted. In 1895, the California Supreme Court ruled that common-law marriages would no longer be recognized. Couples who entered into valid common law marriages before this ruling are still considered legally married in the state.
Both California and New York acknowledge a common-law marriage if it was validly established in another state that recognizes such marriages. This is due to the Full Faith and Credit Clause of the United States Constitution, which requires each state to recognize and give effect to the laws and judicial decisions of other states.
Requirements for Common Law Marriage
California does not have a common law marriage law. This means that a couple won’t be considered legally married no matter how long they’ve lived together in the state of California.
If you’re in New York and you are unsure whether your common-law marriage entitles you to certain benefits like that of married couples, you can consult a family law lawyer near you. Your lawyer can help you understand your rights whether you are a common-law wife or husband or if you are in a domestic partnership.
Legal Rights of Common Law Couples
California and New York do not support common-law marriages but couples in a long-term relationship may still have rights similar to those of married couples. In California, these rights are often determined on a case-by-case basis and can vary depending on the specific circumstances of the relationship.
Common-law couples in California and New York may have rights related to property ownership, inheritance, and healthcare decisions. For example, if a couple has shared property or assets, they may have rights to these assets in the event of a separation. Common law partners may have the right to make medical decisions for each other if one partner becomes incapacitated.
Couples in common-law relationships should understand their rights and seek legal advice to protect their interests.
Conclusion
California and New York don’t recognize common-law marriage. Common-law couples in these states may have some legal rights but don’t have the same protections as formally married couples.
In order to protect your rights as a common-law spouse, you can consult a lawyer who practices family law.