Posted in Wrongful Death on June 13, 2025
Some, but not all, unmarried partners may file for wrongful death in Long Beach, California. Specifically, a registered domestic partner and what is known as a “putative spouse” may file a wrongful death claim in California. Children born in or out of wedlock may file for wrongful death, and if they are minors, their surviving parent or guardian may file on their behalf.
What is a Registered Domestic Partner?
People in long-term relationships who live together do not always choose to marry. To ensure that their partners have most of the rights that a spouse would be entitled to, they may register a domestic partnership with the state of California. This is a formal process described in California’s Family Code.
The only condition for registering a domestic partnership is that neither party should be legally married to someone else at the time of registration. If you have undertaken this formal process, you will be able to file for wrongful death if your partner dies because of someone else’s actions or negligence.
What is a Putative Spouse?
A putative spouse is a person who is engaged in a relationship in which both parties believe they are legally married. However, the relationship is legally void or voidable. The requirement is that at least one of the partners entered the marriage in “good faith,” believing that they were legally married.
If the surviving spouse entered the “marriage” knowing that it was void, they will not qualify to file a wrongful death claim unless they are doing so on behalf of their children. The status of putative spouses has been recognized for centuries, but has had unique definitions in various countries and jurisdictions.
In California, a good-faith putative spouse would have undergone a formal solemnization at a time when they had the legal capacity to marry or believed that they had legal capacity. However, one of the partners was not legally able to marry. They may knowingly have been married to someone else, or they may have believed that their original spouse had passed away.
Can Common Law Partners File For Wrongful Death in California?
A common-law spouse is a person who has been in a long-term, intimate relationship without formal marriage. The term “common law” refers to how society may regard its relationship. However, in law, they are not regarded as spouses.
This means that a surviving common-law partner may not sue for wrongful death in California unless they are acting on behalf of a minor who would be eligible to claim for wrongful death. Although some states, including South Carolina, Texas, and Utah, recognize common-law marriages, California does not.
Can a Former Spouse File For Wrongful Death in California?
A former spouse who is legally divorced would not ordinarily be able to file for wrongful death in California. However, they may file on behalf of any natural or legally adopted children of the deceased. If a former spouse has separated from their partner but is not yet legally divorced, they can file a wrongful death claim.
Who Can File Wrongful Death Claims in California?
Wrongful death claims can be extremely complex. In California law, those who can file for wrongful death include:
- A spouse, registered domestic partner, or putative spouse
- Children of the deceased, including adopted children or dependent stepchildren
- The parents or legal guardians of the deceased
- A minor who has lived with the deceased for a minimum of 180 days and who is financially dependent on the deceased
- A court-appointed guardian of the deceased’s minor children
You can see all the details in California state law. However, you will notice that the provisions are somewhat complex. Consult a Long Beach accident lawyer if you are uncertain about whether you are eligible to file a wrongful death claim or need advice on how to file a wrongful death claim in California.