In California, a common law marriage is not recognized by the law. However, couples who have been living together for a long time may have certain legal rights as long as they can prove they are in a committed relationship. If you’re in a long-term relationship or planning to move in with your partner in California, it’s important to know how to protect yourself in a common law marriage.
Firstly, it’s important to understand what a common law marriage means. In California, if you and your partner live together for a significant period of time, you may be considered to be in a common law marriage. However, the state does not recognize common law marriages, which means that you do not automatically have the legal rights and protections that married couples have. This is why it’s important to take certain steps to protect yourself if you’re living in a committed relationship but are not legally married.
The first step you can take to protect yourself in a common law marriage in California is to establish your relationship as a domestic partnership. California law recognizes domestic partnerships as a legal relationship between two people who live together and share a domestic life. If you register your domestic partnership, you will have many of the same legal rights that married couples have, including the ability to make healthcare decisions for each other and the right to inherit each other’s assets.
You can register your domestic partnership by filling out a form from the California Secretary of State’s office and submitting it along with a filing fee. Once your domestic partnership is registered, you will be treated as a married couple under California law.
Another way to protect yourself in a common law marriage in California is to create a cohabitation agreement. This is a legal contract between you and your partner that outlines how you will divide your assets and debts if you break up. This can be a useful tool if you have assets that you want to protect, such as a house or a business.
You can create a cohabitation agreement by hiring an attorney or using an online legal service. Once you have a cohabitation agreement in place, you and your partner will have a clear understanding of your rights and responsibilities in the event of a breakup.
Finally, it’s important to make sure that your estate planning documents are up to date. Even if you’re not legally married, you can still name your partner as your beneficiary and give them the right to make healthcare decisions for you if you become incapacitated.
By following these steps, you can protect yourself in a common law marriage in California and ensure that your rights and assets are protected. While common law marriages are not recognized by the state, you can still take steps to protect yourself and your partner in the event of a breakup.
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