Common Law Marriage,
Putative Spouse,

Palimony in California Escondido

Law offices of Don Glass, Esq.   Escondido


$395 to $995 flat legal fee Uncontested California Divorce
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Common Law Marriage, Putative Spouse, Palimony in California

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There is no such thing as common law marriage in California much to the surprise of some couples.

Some people believe that if a couple lives together form many years and represents themselves to be married couple,

Then the state of California considers themselves legally married. Now in other states common law marriages are recognized, But in California it can never be created.

California does recognize common law marriages that were created in states which do recognize them.


History of Common law Marriage in California

Common law marriage in California ended in 1895. But couples who continuously live together may still have rights to Property division and financial support as if they had been legally married pursuant to California Family Code Section 2251:

“If a determination is made that a marriage is void or voidable and the court finds that either party or both parties Believed in good faith that the marriage was valid, the court shall declare the party or parties, who believed in good faith That the marriage was valid, to have the status of a putative spouse.”


Putative Spouse in California

There must be an assumption by one of the parties that they had entered into a valid marriage under this law.  This means the couple went through the motions to get married, yet something unsuspected made the marriage invalid or void.  These principles can be applied to couples who are in An unregistered domestic partnership.  A person deemed to a putative spouse will be entitled to share in property acquired during the invalid marriage or domestic partnership under California’s community property laws.  Also, spousal support may be available.


Palimony in California in Escondido


Sometimes a couple who has been together for long period have an agreement between themselves to treat assets like community property.

Sometimes one of the parties may have promised lifetime support to the other party even though both parties knew they were not married.

Under California law, no one is legally entitled to support or property rights if they are not married. But rights can be created under an oral or written agreement between the parties.


When one person promises to provide support for the other party, this has been known as “Palimony “.  Under certain situations, unmarried partners may have the right to bring a claim for “Palimony“ AKA Marvin Claim in court.  However, this is completely different than a common law marriage.

Disputes over these verbal contracts are filed in Civil Court and not in Family Law Courts since this issue pertains to a breach of contract.

These actions are very difficult to prove as the agreement is often verbal which makes the alleged agreement impossible to enforce in Escondido.


Assets Owned by Couples who are Unmarried in California


Sometimes unmarried couples in California have a joint bank account, pay bills together and commingle their earnings, and even hold title to real or personal property together.  The way title to assets are held may cloud the waters when the couple separates later on.

The form of title could also have an unintended consequence should one of the parties unexpectedly pas away.  Unmarried couples do not have the same legal rights as a married couple and each party should give considerable thought to some of these questions in Escondido:

Does the joint account give each party an equal right to the money in the account?


In conclusion, since common law marriage in California does not exist, couples who live together over a long period without getting married Maybe should consider a non-marital or cohabitation agreement.


Law offices of Don Glass, Esq. Escondido


$395 to $995 flat legal fee Uncontested California Divorce

$95 to Start Now – Pay as you go

Free Amazon eBook – Uncontested Divorce for California