Many Californians, as well as those living in other states, believe that if a person has been cohabiting for a certain number of years, this constitutes a “common law” marriage; meaning the cohabitors are now deemed married just because they have cohabited for “x” number of years. This belief is completely false in California. Marriage only exists when a man and a woman (and possibly soon, same-sex couples) come together to establish a legally binding marriage contract to which they consent to becoming married. This includes both obtaining a marriage license and the public performance of a sacrament or solemn ceremony with all appropriate ritual, called solemnization.
People who are merely cohabiting, whether for two years or 20 years, do not have property rights or rights to spousal support under the Family Code. If they have children, the children have rights to support and their parents have custody and visitation rights. However, property acquired during a marriage is presumed to be community property. Thus, any and all property and/or liabilities accumulated throughout the time two people cohabit does not become community property and cohabitants do not necessarily have rights and/or responsibilities with respect to such assets and/or debts.
In a handful of states, heterosexual couples can become legally married without a license or ceremony. When a common law marriage exists, the spouses receive the same legal treatment given to formally married couples, including the requirement that they go through a legal divorce to end the marriage. Common law marriage is recognized only in the following states: Alabama, Colorado, District of Columbia, Georgia (if created before 1/1/97), Idaho (if created before 1/1/96), Iowa, Kansas, Montana, New Hampshire (for inheritance purposes only), Ohio (if created before 10/10/91), Oklahoma, Pennsylvania, Rhode Island, South Carolina and Texas.
For more information about annulments and other family law matters, contact the Reape-Rickett Law Firm at 661-288-1000. They are located at 25152 Springfield Court, Suite 100 in Valencia.