Many couples live together for years, sharing finances, property, and building a life together without marrying. If you're one of these couples in California, you might wonder whether your long-term relationship grants you the same legal protections as marriage. The short answer is no—California does not recognize common law marriage. However, the whole picture is more nuanced than you might expect.
Understanding California's stance on common law marriage is crucial for unmarried couples who want to protect their rights and assets. This guide explains what common law marriage means, why California doesn't recognize it, and what legal alternatives are available to protect your relationship.
What Is Common Law Marriage?
Common law marriage is a legal concept that allows couples to be considered married without a marriage license or formal ceremony. In states that recognize it, couples can gain legal marital status by living together for a specific period, presenting themselves as married to the public, and intending to be married.
The requirements for common law marriage vary by state, but they typically include:
- Cohabitation: Living together for a specified period
- Mutual consent: Both partners agree to be married
- Public representation: Presenting yourselves as a married couple to friends, family, and the community
- Intent: Having the intention to be married, not just living together for convenience
Currently, only a handful of states recognize common law marriage, including Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, and Utah. Washington, D.C., also recognizes common law marriage.
California's Position on Common Law Marriage
California abolished common law marriage in 1895 and has not recognized new common law marriages since then. The state requires couples to obtain a marriage license and have their marriage performed by an authorized officiant to be legally married. Regardless of how long you've lived with your partner in California, you cannot become legally married simply through cohabitation and presenting yourselves as married. Even if you've been together for decades, own property together, and everyone considers you married, California law does not recognize your relationship as a legal marriage.
The One Exception: Out-of-State Common Law Marriages
While California doesn't allow couples to create new common law marriages within the state, it does recognize valid common law marriages established in other states. If you established a common law marriage in a state that recognizes it and then moved to California, your marriage would be considered valid under California law.
For example, if you lived in Texas and met all the requirements for common law marriage there, California would recognize your marital status when you relocate. This recognition includes all the rights and responsibilities of marriage, such as property rights, inheritance, and divorce proceedings. gal Alternatives for Unmarried Couples in California
Although California doesn't recognize common law marriage, unmarried couples are not left without legal protections. Several alternatives can help protect your rights and interests:
Domestic Partnerships
California offers domestic partnerships for couples who choose not to marry. Originally created for same-sex couples before marriage equality, domestic partnerships are now available to:
- Same-sex couples
- Opposite-sex couples where at least one partner is 62 years or older
Registered domestic partners receive many of the same rights as married couples, including:
- Hospital visitation rights
- Medical decision-making authority
- Property rights
- Inheritance rights
- Access to family health insurance benefits
Cohabitation Agreements
A cohabitation agreement is a contract between unmarried partners that outlines their rights and responsibilities during and after their relationship. These agreements can cover: if the relationship ends.
- Financial support: Whether one partner will provide support to the other
- Debt responsibility: How shared debts will be handled
- Estate planning: Inheritance and beneficiary designations
Cohabitation agreements are especially important for couples who own property together or have significant income disparities.
Palimony Claims
California recognizes palimony, which is financial support paid by one former partner to another after a non-marital relationship ends. These claims are based on express or implied contracts between the partners.
The landmark 1976 case Marvin v. Marvin established that unmarried couples could have enforceable agreements regarding property and support. However, palimony claims can be difficult to prove and usually require evidence of an agreement or understanding between the partners.
Protecting Your Rights as an Unmarried Couple
If you're in a long-term relationship in California but don't plan to marry, consider these steps to protect your interests:
Create Legal Documents
- Wills: Ensure your partner inherits your property
- Power of attorney: Grant your partner decision-making authority
- Healthcare directives: Allow your partner to make medical decisions
- Beneficiary designations: Name your partner on insurance policies and retirement accounts
Joint Ownership Considerations
Be thoughtBe thoughtful about how you hold property together. Joint tenancy with rights of survivorship ensures property automatically passes to the surviving partner, while tenancy in common allows each person to leave their share to anyone they choose.l Planning
Keep detailed records of shared expenses and contributions to joint assets. This documentation can be crucial if disputes arise over property ownership or financial contributions.
Common Misconceptions About Common Law Marriage in California
Several myths persist about common law marriage in California:
Myth: Living together for seven years automatically makes you married.
RealReality: No amount of cohabitation creates a marriage in California without legal procedures.th: Filing joint tax returns creates a common law marriage.
Reality: The IRS doesn't recognize common law marriage from states that don't allow it, and filing status does not create marital status.
RealReality: No amount of cohabitation creates a marriage in California without legal procedures.th: Filing joint tax returns creates a common law marriage.
Reality: The IRS doesn't recognize common law marriage from states that don't allow it, and filing status does not create marital status.
Myth: Having children together grants marriage-like rights.
Reality: While both parents have rights and responsibilities regarding their children, having children does not create a marital relationship.
Reality: While both parents have rights and responsibilities regarding their children, having children does not create a marital relationship.
When to Consult a Family Law Attorney
Consider speaking with a family law attorney if you:
- Own significant assets with your partner.
- Have been in a long-term relationship and want to protect your rights
- Are ending a relationship and need help with property division
- Want to create a cohabitation agreement.
- Have questions about domestic partnership eligibility
An experienced attorney can help you understand your options and create legal protections tailored to your specific situation.
Frequently Asked Questions
Can we get married without a license in California?
No, California requires all couples to obtain a marriage license from the county clerk and have their marriage performed by an authorized officiant.
What happens to the property we bought together if we break up?
Property division for unmarried couples can be complex. Courts may consider factors like who paid for the property, whose name is on the title, and any agreements between the partners.
Do I have inheritance rights if my partner dies without a will?
No, unmarried partners have no automatic inheritance rights in California. Your partner must specifically name you in a will or other legal document for you to inherit.
Can I make medical decisions for my partner?
Only if you have the proper legal documents, such as a healthcare power of attorney. Hospitals may not recognize your relationship status otherwise.
Moving Forward with Clarity and Protection
Understanding California's position on common law marriage empowers you to make informed decisions about your relationship and legal protections. While the state does not recognize common law marriage, numerous alternatives exist to help protect your rights and interests. If u choose domestic partnership, create a cohabitation agreement, or simply ensure you have the proper legal documents in place, taking proactive steps now can save you significant complications later. Consider consulting with a family law attorney to discuss your specific situation and develop a plan that works for your unique circumstances.
Remember, protecting your relationship legally doesn't diminish its emotional significance—it simply ensures that your love and commitment are backed by the legal protections you both deserve.