When you live with a partner for a long time, it can be hard to separate what belongs to each of you. You might split bills, take care of pets together, or share streaming accounts. After a few years, it's normal to start thinking about what your relationship means legally. Many people want to know if California recognizes common law marriage.
Living together for a certain amount of time gives couples the same rights as if they were married. This idea is called common law marriage, but it is often misunderstood. Here, we'll explain what common law marriage means, whether it applies in California, and how the state deals with property and support for couples who aren't married.
What is a Common Law Marriage?
A common law marriage happens when two people are considered legally married even though they never got a marriage license or had a wedding ceremony. For a state to accept this kind of marriage, the couple usually has to meet specific rules, such as:
- Holding themselves out to the public as married: This means using the same last name, referring to each other as "my husband" or "my wife," and filing joint tax returns.
- Intending to be married: Both partners must have a clear and present intention to be a married couple.
- Living together: The couple must cohabitate, though the required length of time varies or may not be specified at all.
Right now, only a few states in the U.S. allow couples to form a common law marriage. These states are Colorado, Iowa, Kansas, Montana, New Hampshire (but only for inheritance), Oklahoma, Rhode Island, South Carolina, Texas, Utah, and Washington, D.C.
The Short Answer: No Common Law Marriage in California
California does not allow common law marriage. The state ended this practice in 1895. Even if you live together for many years and act like a married couple, you will not be legally married in California just by living together. To be married in California, you must obtain a marriage license and have a solemnization ceremony performed by an authorized person, such as a judge or religious official. Without these formal steps, California law does not grant you the rights and responsibilities that come with marriage, such as community property rights or spousal support upon separation.
A Key Exception: The "Valid If Valid Where Formed" Rule
California does not allow couples to create a common law marriage here, but it will recognize a common law marriage that was legally formed in another state. This is because of a rule that says states must respect each other's laws and official records.
So, if you and your partner lIf you and your partner lived in a state like Colorado and met all the rules for a common law marriage there, California will treat your marriage as valid. If you break up, you will need to get a formal divorce in California, just like any other married couple. You will have the same rights for dividing property, getting spousal support, and handling child custody. common law marriage in a California court, you would need to provide evidence that you met the legal criteria in the state where the marriage was formed. This could include:
- Affidavits from friends and family who knew you as a married couple.
- Documents showing you used the same last name.
- Joint bank account statements, tax returns, or property deeds.
- Testimony that you intended to be married and held yourselves out to the public as such.
What Rights Do Unmarried Couples Have in California?
Since California doesn't have common Because California does not have common law marriage, couples who live together without being married do not get the same property rights as married couples. In a divorce, married couples usually split their property equally under community property laws. For unmarried couples, these rules do not apply without legal recourse. They can establish rights and agreements through other means.
Marvin Claims and Palimony
In 1976, the California Supreme Court decided in Marvin v. Marvin that unmarried partners who live together can ask for financial support or a share of property if they had an agreement, even if it was not in writing. These requests are called "Marvin claims," and the support given is sometimes called "palimony."
To win a Marvin claim, you have to show that you and your partner agreed—either in writing, by talking, or through your actions—to share property or give financial support. For example, if one partner agreed to support the other so they could stay home and manage the household, a court might enforce that promise. These cases can be tricky, especially if there is no written agreement.
Domestic Partnership
Unmarried couples in California can also choose to register as domestic partners. This gives them many of the same rights and responsibilities as married couples under state law. To register, couples must meet specific requirements, such as:
- They share a typical residence.
- Neither person is married to someone else or in another domestic partnership.
- They are not related by blood in a way that would prevent them from marrying.
- Both individuals are at least 18 years old.
At first, domestic partnerships were mainly for same-sex couples who could not get married. Since 2020, though, any couple can register as domestic partners, no matter their sexual orientation, as long as one partner is over 62 years old.
Protect Your Rights with a Cohabitation Agreement
The best way for unmarried couples to protect their finances is to make a cohabitation agreement. This is a written contract that explains how you will manage property, money, and other issues while you are together and if you break up. A cohabitation agreement can specify:
- How property acquired during the relationship will be owned and divided.
- How shared expenses, like rent and bills, will be managed.
- Whether one partner will provide financial support to the other if the relationship ends.
- How debts will be handled.
An explicit, written agreement can help you avoid expensive and stressful legal fights later on. It makes sure both partners know what to expect and gives you a plan for handling disagreements.
Navigating Your Relationship Legally
Knowing the laws for unmarried couples in California is essential for protecting your rights and your finances. Even though California does not have common law marriage, you can still get legal protection through options like domestic partnerships and cohabitation agreements.
If you are in a long-term, coIf you are in a long-term relationship, it is smart to plan ahead and decide how you want to handle your finances. Talking to a family law attorney can help you learn about your choices and create an agreement that fits your needs and protects you.