Many people believe that if they live with their partner for a certain number of years, they automatically become married under "common law." This is a persistent myth, especially in a state as populous as California. If you're in a long-term, committed relationship but haven't formally married, you might be wondering what your legal rights are.
This post will clarify California's stance on common law marriage. We'll explain what it is, whether California recognizes it, and what exceptions might apply. Understanding these laws is crucial for protecting your rights and making informed decisions about your future.
What is a Common Law Marriage?
A common law marriage is a legal framework that grants a couple the full rights and responsibilities of a legal marriage, even without a formal ceremony or a marriage license. It is not an automatic status. Couples must meet specific criteria to be considered married under common law.
While the exact requirements vary by state, they generally include:
- Presenting yourselves as married: This means telling others you are married, using the same last name, and referring to each other as "husband," "wife," or "spouse."
- Intending to be married: Both partners must have a clear, present intent to be a married couple.
- Living together: The couple must cohabitate in a state that recognizes common law marriage.
Only a handful of states in the U.S. currently allow couples to form a common law marriage. (What Is Common Law Marriage?, 2025)
California's Position on Common Law Marriage
So, does California recognize common law marriage? The answer is straightforward: no.
California Family Code Section 300 outlines the requirements for a valid marriage in the state, which includes obtaining a marriage license and solemnizing the union through a ceremony. (California Family Code section 300 (2025), 2025) The state abolished common law marriage in 1895. (Palimony in the United States, n.d.) This means that no matter how long you and your partner live together in California, you will not be considered legally married under state law simply by cohabitation or by presenting yourselves as a married couple.
This has significant implications. If you are not legally married, you do not have automatic rights to:
- Inherit your partner's property if they pass away without a will.
- Receive spousal support (alimony) if the relationship ends.
- A division of property acquired during the relationship.
- Make medical decisions for your partner if they become incapacitated.
- File joint tax returns or receive Social Security spousal benefits.
Without a formal marriage, unmarried partners are treated as legally separate individuals, regardless of the length or nature of their relationship.
The "Valid Elsewhere, Valid Here" Exception
While you cannot establish a common law marriage in California, the state does recognize common law marriages that were validly formed in other states. This principle 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." (California Common Law Marriage | StateRecords.org, n.d.)
This means if you and your partner met the legal requirements for a common law marriage in a state that recognizes it (such as Colorado, Texas, or Utah) and then moved to California, California will recognize your marriage as legally valid.
For example, if you and your partner lived together in Texas, agreed to be married, told friends and Family you were married, and then relocated to Los Angeles, you would be considered legally married in California. You would have all the rights and responsibilities of any other married couple in the state, including the right to file for divorce.
Proving a common law marriage from another state can be complex. You may need to provide evidence such as:
- Joint tax returns filed in the common law state.
- Affidavits from friends and family who knew you as a married couple.
- Joint bank accounts, leases, or deeds showing a shared life.
- Documents where you named each other as spouses, such as on insurance policies or contracts.
What About "Palimony"?
You may have heard the term "palimony." This is not a formal legal term but was coined by the media during the famous case Marvin v. Marvin. (Does Common-Law Marriage Still Exist In California?, n.d.) It refers to support payments one unmarried partner might have to pay another after a breakup, similar to alimony.
In California, unmarried partners can create contracts—written, oral, or implied—that outline financial agreements. (Does Common-Law Marriage Still Exist In California?, 2023) If one partner can prove that an agreement existed to share property or provide financial support, a court may enforce it. These claims, often called Marvin claims, are not based on marital rights but on contract law. They can be very difficult and expensive to prove, especially if there is no written agreement.
How to Protect Your Rights as an Unmarried Couple
Since California does not recognize common law marriage, unmarried couples should take proactive steps to protect their legal and financial rights. Relying on the hope of a Marvin claim is a risky strategy.
Here are some legal tools you can use:
- Cohabitation Agreement: This is a written contract that outlines how you will handle property, debts, and finances during your relationship and in the event of a breakup. It can specify how shared assets will be divided and whether one partner will provide financial support to the other.
- Wills and Trusts: Each partner should have a will or living trust to ensure their assets are distributed according to their wishes upon death. Without a will, your partner will have no automatic inheritance rights.
- Power of Attorney and Healthcare Directives: These legal documents allow you to make financial and medical decisions for your partner if they become unable to do so themselves.
These steps provide the clarity and legal protection that common law marriage would otherwise offer.
Your Next Steps
To summarize, California does not permit couples to form a common law marriage within its borders. Unless you have a valid common law marriage from another state, you must get a marriage license and have a ceremony to be legally married in California.
If you are in a long-term, unmarried relationship, it's essential to understand your legal standing. Don't rely on myths. Taking proactive steps like creating a cohabitation agreement and estate plan can provide you with the security and peace of mind you need. If you have questions about your rights or how to best protect yourself and your partner, consulting with a Family law attorney is always a wise decision.