California's Laws About a Common-Law Wife
A common-law marriage occurs when two partners enter into an oral or written agreement to be married to each other without obtaining an official state marriage license. Each partner formally recognizes the marriage through a combination of cohabitation, identical surname use or the joint filing of taxes. Some states recognize common-law marriages while others do not. California is a state that does not recognize common-law unions that occur within its jurisdiction. The state does recognize common-law marriages that occurred in a different state as well as palimony.
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Recognition of Common-Law Marriage
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California state law does not officially recognize a common-law marriage or the existence of a common-law wife. The state's recognition law pertains to cohabitation relationships that originate within its jurisdiction. Therefore, even if two partners enter into a written or oral agreement to recognize each other as husband and wife, the state of California will not acknowledge the union. In the eyes of the state, any marriage does not exist unless it is accompanied by an official state marriage license.
Recognition of Out-of-State Marriages
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The exception to California's law regarding recognition of common-law marriages applies to couples who relocate to the state. California recognizes a common-law marriage between a couple who establishes such a relationship in a state that officially recognizes such unions. For example, if a common-law husband and wife from Colorado move to California, the state's court systems recognize the marriage as though it occurred with an official state license. The couple is considered to be legally married as husband and wife by the state.
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Palimony
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Palimony is officially recognized by California. Alternatively referred to as "Marvin's Claim," palimony was established by the state's Supreme Court as law in 1976. The law gives non-married partners the right to enforce agreements regarding property and financial support. These agreements are either written, oral or implied. A palimony claim is filed as a civil suit under the law and the relationship must meet certain criteria. One of those criteria is an extended period of cohabitation.
A Common-Law Wife's Rights under Palimony
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A woman who has been living in cohabitation with a man for an extended period of time may be entitled to receive a portion of the couple's property. The property, which might include residences, pension funds, stock funds or other financial assets, has to be accumulated during the relationship. Oral contracts or agreements between unmarried partners are difficult to prove or enforce; however it is still possible for a common-law wife to receive property or support under California's palimony law due to an implied contract.
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References
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