Common Law Marriage and Uncommon Divorces
Common law marriage is a marriage that does not involve a formal solemnization or a valid marriage license. Solemnization is the requirement for a marriage ceremony before a person who is authorized to marry people.
State laws differ in the requirements for common-law marriage. Generally, a couple must live together for a certain period, share finances, and hold themselves out to be spouses to be common law married. In states that recognize common-law marriage, couples can enjoy many of the same rights as married couples if they meet state laws for common-law marriage.
California does not recognize common-law marriage, so unmarried couples usually do not have the same rights as married couples. However, California does permit common-law married couples to divorce if another state recognizes their common-law marriage.
What Happens to Property When Couples Divorce in California?
Married couples are subject to California’s community property laws unless they have a prenuptial or postnuptial agreement stating otherwise. These agreements can dictate how property division occurs in a divorce. A couple may negotiate a property division settlement to include in their divorce.
However, when a married couple cannot agree on how to divide their marital assets, the court applies community property laws. Under community property, each spouse owns an equal share of the marital estate. With very few exceptions, community property presumes that all assets and income acquired during the marriage are marital assets.
Exceptions to the community property presumption include:
- Assets acquired before the marriage
- Inheritances received during the marriage by one spouse
- Gifts received during the marriage by one spouse
- Property purchased with separate assets or income
- Income earned and property acquired after the couple formally separates
Separate property is not subject to property division in California unless the property is subject to a transmutation agreement. It is important for spouses to maintain separation between community and separate property to avoid issues during a divorce.
What Happens to Property When an Unmarried Couple Separates in California?
Generally, the state leaves the division of assets up to the unmarried couple when they decide to separate. However, there are some exceptions. In the case of Marvin v. Marvin, the California Supreme Court ruled that unmarried couples can seek to enforce implied or express agreements related to financial support and property division if they separate.
An unmarried partner can file a civil claim for palimony. Palimony was a term used by one of the attorneys in the Marvin case. The attorney used palimony to describe court-awarded financial support or assets paid by one partner to another partner in a non-marital relationship after a breakup.
California courts consider several factors when hearing a palimony case to determine if a claim for financial support or property division is permissible and reasonable. Those factors include:
- The time the unmarried partners spent living together.
- Whether an unmarried partner provides support for the other person.
- Did both unmarried partners contribute financially to the acquisition of property?
- Was an unmarried partner performing services of value to the other person?
- Whether the unmarried partners collaborated to create something of value.
- Did the unmarried partners have implied or express agreements for property division and support?
A civil claim to enforce implied and express agreements when unmarried partners separate are common. They are considered breach of contract cases because one of the partners seeks to enforce an agreement.
Unmarried Couples and Child Custody in California
Child custody and child support are separate issues from property division and divorce. The same laws apply regarding custody and child support regardless of the relationship between the parents.
Child custody is based on the best interests of the child. The courts encourage parents to develop a parenting plan and time sharing arrangement that works best for their family and child’s well-being. When parents cannot agree on custody terms or there are allegations of parental alienation, domestic violence, or abuse, the court decides custody based on what is best for the child.
Child support is based on standard child support guidelines. The court may deviate from the guidelines for specific reasons. Parents can benefit from legal advice to ensure all income is included in the calculations and deviations are fair and reasonable.
Options for Couples Who Do Not Want to Get Married in California
Some couples do not want to enter a traditional marriage. However, they want benefits similar to those of a married couple. California law allows couples to enter a domestic partnership. These are legal unions that offer the same protections and rights as marriage.
If a couple does not want something as formal as a domestic partnership, they might choose to sign a Cohabitation Agreement or Living Together Agreement. These agreements are like a prenuptial agreement. When correctly drafted and executed, the agreement is a binding contract between the parties.
A Cohabitation Agreement dictates how assets will be divided if the couple separates or a partner dies. Entering an agreement avoids the necessity of filing a palimony lawsuit if the couple separates.
Do I Need an Attorney to Help with a Cohabitation Agreement or Domestic Partnership?
Because these agreements involve legal documents that must be executed correctly to be enforceable, it is best to seek the help of an experienced family law attorney to draft the documents. Using forms found online or copies of someone else’s forms could result in mistakes. An error in the form may make the agreement unenforceable.
An attorney is also wise because you need to understand your rights and responsibilities under these agreements. Knowing what happens if you and your partner decide to separate is important. It is also helpful to have someone protecting your rights when negotiating these agreements to ensure you receive a fair share of assets if you and your partner break up.
Contact a Los Angeles Divorce Lawyer Today
For more information, contact our experienced Los Angeles divorce lawyers at Berenji & Associates Divorce Lawyers by calling (310) 271-6290 to schedule a consultation.
We serve all through Los Angeles, Beverly Hills, Los Angeles County, and its surrounding areas. Visit any of our offices at:
Berenji & Associates Divorce Lawyers Los Angeles Office
550 S. Hill Street STE 1467
Los Angeles, CA 90013
(213) 277-2586
Berenji & Associates Divorce Lawyers Beverly Hills Office
9465 Wilshire Blvd #333
Beverly Hills, CA 90212
(213) 277-2586