With No Registered Domestic Partnership
Traditionally, nonmarital cohabitants were left to contract and equitable remedies as developed by so-called "Marvin" claims. Now, however, certain unmarried couples may take the added step under the Family Code to formally become a "registered domestic partnership," securing to them almost all of the legal rights, protections and benefits-as well as the obligations-that California law extends to and imposes upon spouses.
If there is no registered domestic partnership, there are no statutory "marriage-like" rights, obligations and remedies between nonmarital cohabitants. Family Code property and support rights, obligations and remedies are predicated on the existence of a valid marriage or registered domestic partnership. Simply living together as alleged husband and wife cannot give rise to "marriage;" the concept of common law marriage has long been abolished in California.
Consequently, nonmarital cohabitation falling short of a registered domestic partnership does not itself confer rights or obligations under the Family Code. Any rights and obligations arising from the relationship may only be adjudicated in a general civil action. However, nonmarital cohabitants have the same right to enforce contracts and assert equitable rights and interests as do any other unmarried person. Thus, unmarried cohabitants can avail themselves of the traditional legal and equitable remedies to enforce properly-founded property, support and other financial claims and obligations arising out of their relationship.
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