L.A. County Family Law Attorney

Common Law Marriages in California

Common Law Marriage is recognized in only 13 states in the U.S.A., and California is not one of them.  If you believe that you are legally protected as if you were married because you live together and act as a married couple, this is not actually considered a legal marriage in our state, no matter how long the relationship has lasted.  This does not mean that you may not have certain types of legal recourse should the relationship terminate, but it would most likely be a more complex situation to prove.  However, if the common law marriage was begun in a state that does recognize common law marriages as legal, it is likely that this will also be accepted in a California court.  When it relates to finances, this can become a problematic situation, and it is strongly urged that you contact a Los Angeles County family law attorney if you have questions about your legal rights in a live-in relationship.

Family Law Lawyer Serving Individuals in Los Angeles County

There are many issues that can result when two individual live together and are not legally married.  One or both of the parties may be at risk of financial and property conflicts if the relationship ends or if one party dies.  These are serious situations that can create emotional and financial havoc and are not worth suffering through.  With the assistance of Harvey A. Sitzer, Esq., agreements can be drafted that outline the desires of each individual in relation to the other in property, bank accounts, and other assets.  Without such agreements, it usually will be up to the court to decide and this may not be favorable. 

In cases where there are children that are from a previous marriage, it can be a difficult situation if one party passes away, as the children may try to eliminate the common law spouse from any possibility of gaining any property, in some cases even their own property that has been purchased over the years during the relationship.  As California does not recognize common law marriages as legal, it is crucial under the circumstances that legal agreements are put in place, such as a cohabitation agreement which will lay out the ownership of the property, bank accounts, finances and other assets so as to avoid problems in the future, either with “palimony” suits or loss of property.  Harvey A. Sitzer, Esq. is very familiar with the drafting of such agreements, and understands the importance of fully understanding the intentions of the parties involved and writing the agreements needed appropriately to take every legal action to avoid conflicts in the future.

Contact L.A. County Family Law Attorney Harvey A. Sitzer, Esq. if you are in a common law marriage and hope to protect your assets legally in the State of California.