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Understanding the legal aspects of relationships can be challenging, particularly regarding common law marriage. Many long-term, cohabiting couples question whether their partnership provides the same rights as a formal marriage. If you live in California, you may be wondering whether the state recognizes your relationship as a common law marriage.
This post will clarify California's stance on common law marriage. We will explore what it means, the state's specific laws, and how it handles common law marriages established in other states. By the end, you'll have a clear understanding of your rights and what legal protections are available for long-term partners in the Golden State.
What is a Common Law Marriage?
A common law marriage grants a couple the legal rights and responsibilities of marriage without a formal ceremony or marriage license. To qualify, couples must usually meet several key requirements:
- Intention to be Married: Both partners must intend to be married and consider their relationship a marriage.
- Public Representation: They must present themselves to others (friends, family, the public) as a married couple. This is often referred to as "holding out" as married.
- Cohabitation: The couple must live together.
Many believe that living together for a certain number of years automatically creates a common law marriage. In fact, only a few states recognize it, each with its own criteria.
Does California Recognize Common Law Marriage?
The answer is straightforward: No, California does not permit couples to form a common law marriage within the state. California Family Code Section 300 specifies the legal requirements for a valid marriage, which include obtaining a marriage license and solemnization by an authorized person (like a judge, priest, or other designated official).
No matter how long you and your partner live together in California, you will not be considered legally married under state law. Cohabiting and presenting yourselves as married does not grant you the same rights as married couples regarding property, inheritance, or taxes.
An Important Exception: Common Law Marriages from Other States
While you cannot create a common law marriage in California, the state does recognize valid common law marriages that were legally established elsewhere. This is based on the "full faith and credit" clause of the U.S. Constitution, which requires states to respect the "public acts, records, and judicial proceedings of every other state."
If you and your partner established a valid common law marriage in a state that recognizes it and then move to California, your marriage will be recognized as valid.
Which states currently allow common law marriage?
The number of states recognizing common law marriage has decreased over time, but a few still allow it. As of 20, fewer states now recognize common law marriage, but several still allow it. As of 2024, these states include:
Some states also recognize common law marriages formed before the date they abolished the practice.
If you believe you have a common law marriage from one of these states, review that state's specific requirements, as they vary. If your relationship met the legal criteria before moving to California, your marriage will be recognized, and you will have all the rights and responsibilities of a married couple, including the requirement to formally divorce if you separate.
Legal Alternatives for Unmarried Couples in California
Since California does not allow common law marriage, unmarried couples can use other legal options to protect their rights and interests. California law provides several ways for partners to establish legal protections.
Registered Domestic Partnership
California offers domestic partnership status, granting couples nearly all state-level rights and responsibilities of marriage. This status is now available to all couples who meet criteria such as being over 18, not married to others, and sharing a residence.
Registering as domestic partners provides protections related to:
- Community property
- Inheritance rights
- Hospital visitation
- Making medical decisions for a partner
- State tax filings
Cohabitation Agreements
A cohabitation agreement is a private contract between unmarried partners who live together. It outlines how assets, debts, and property will be managed during the relationship and if the couple separates.
It is a proactive way to clarify financial expectations and protect both partners. A cohabitation agreement can specify:
- How shared expenses like rent, mortgages, and bills will be paid.
- Ownership of property acquired during the relationship.
- Financial support arrangements if the relationship ends.
These agreements help prevent costly and emotional disputes in the future.
Estate Planning
Because unmarried couples do not have automatic inheritance rights, estate planning is essential. Wills, trusts, and powers of attorney can ensure your partner is provided for and can make decisions if you become incapacitated.
- Will or Living Trust: These documents allow you to name your partner as a beneficiary of your assets.
- Power of Attorney: This grants your partner the authority to manage your finances if you are unable to do so.
- Advance Health Care Directive: This lets you appoint your partner to make medical decisions for you if you cannot.
Navigating Your Legal Standing
Knowing your legal status as a couple in California is important for protecting your future. While California does not recognize common law marriages formed in-state, it does recognize those from other states and offers alternatives such as domestic partnerships and cohabitation agreements.
If you are in a long-term relationship, taking steps to formalize your rights and responsibilities can provide peace of mind. Consulting a family law attorney can help you explore your options and choose the best path for your future together.