LEGALLY SPEAKING
Same-Sex Couples
Questions For The Marriage-Go-Round By Christopher Heritage
We have been partners and shared everything for many years. Is our relationship a Common-law Marriage?
The relationship must meet very specific requirements, which vary by jurisdiction: - Length of time - Cohabitation - Couple must present themselves as a married couple (with documentation) - Each person must be free to marry
California does not validate common-law marriage, so no matter the length of time or the circumstances of your personal or financial relationship, if you resided in this state during that time, you are not in a common-law marriage. However, such marriages are valid for residents in nine other states and the District of Columbia. Only four of those jurisdictions permit same-sex marriage and have ruled, or could find, that same-sex common-law marriages of their residents are legal: Iowa, Rhode Island, Washington D.C., and New Hampshire (for inheritance purposes only).
California and all other states do recognize common-law marriage if it was legal in the state where it occurred. This means that you can’t move from a state where it was valid, to another state not validating such marriages, and just have it go away. Like all traditional married couples, common-law marriages have to be dissolved under state divorce laws. If you are in a common-law marriage which was valid in Washington D.C. and you move to Los Angeles, you are legally married under California law, and you must file for a dissolution here if you want to end the relationship.
Since the U.S. Supreme Court DOMA decision, and return of same-sex marriage to California, I have been bombarded with questions from couples who are in a marrying mood. Here are two common queries:
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