CA Common Law Marriage – What You Really Need to Know

Most people have heard the phrase “common law marriage” and assume that living together long enough makes a couple legally married. In some states, common law marriage exists when couples meet specific legal requirements. But what about here in California? Does common law marriage exist in California? The answer is no – common law marriage does not exist in California. Do you become a common law spouse in California after living together 7 years or longer? And if not, what rights do unmarried couples have?

This guide breaks it all down.

Introduction to Common Law Marriage

Common law marriage is a unique type of relationship where a couple is considered married without ever having a formal wedding ceremony or obtaining a marriage license. In some states, this means that if you live together for a certain period and present yourselves as a married couple, the law may grant you the same rights and responsibilities as those who are legally married. However, not every state recognizes common law marriages, and the rules can vary widely.

In California, common law marriage is not recognized if it is formed within the state. No matter how long you and your partner have lived together, you will not be considered married under California law unless you have gone through the official process of obtaining a marriage license. However, if you established a valid common law marriage in a state that recognizes common law marriage – such as Colorado or South Carolina – California will recognize your marital status when you move here.

Understanding the concept of common law marriage is essential in family law matters, especially when it comes to property rights, child custody, and spousal support. Knowing whether your relationship is considered a legal marriage can have a major impact on your rights and responsibilities if your relationship ends or if you need to resolve family law issues.

What Is Common Law Marriage?

Common law marriage is a legal status where a couple is considered legally married without going through the traditional steps of a marriage license or ceremony. Unlike legal marriages, which require a marriage license and ceremony, common law marriage does not follow the formal process required for traditional marriages. Instead, the law looks at how long the couple has lived together, whether they present themselves as married, and if they’ve shared property or financial accounts.

In states that still recognize it, common law marriage can give couples nearly the same rights as married spouses – including property ownership, inheritance, and spousal support. Marital benefits, such as inheritance and spousal support, are typically reserved for legal marriages and traditionally married couples, but some states extend these benefits to common law married couples.

Couples who are common law married in states that recognize such unions may have their relationship legally recognized, while California only recognizes traditional marriages and domestic partnerships for legal benefits.

Does Common Law Marriage Exist in California?

Here’s the short answer: No. California does not recognize common law marriage.

It doesn’t matter how many years you’ve lived with your partner – 5 years, 7 years, or 20 years – you will not be considered legally married in California unless you go through the formal legal process.

When Did Common Law Marriage End in California?

California actually ended common law marriage in 1895. That means for more than a century, there has been no pathway to be considered married simply by cohabiting.

If you see references online to “California common law marriage 7 years” or “how many years is common law in California”, those are myths. The law is clear: zero years of living together makes you married here.

California Common Law Marriage 7 Years: The Myth

The “7-year rule” is one of the biggest misconceptions. Many people believe that if a couple lives together for seven years, the state will consider them married. However, even a long term relationship does not result in legal marriage status in California.

That might be true in folklore, but under California law, it’s absolutely false. You could live together for a lifetime and still never be legally recognized as married without a marriage license. No matter how long you cohabit, your relationship status does not change unless you formally marry.

Common Law Marriage vs. Legal Marriage in California

To be legally married in California, you must:

• Apply for a marriage license through the county
• Hold a ceremony (civil or religious)
• Have the marriage officially recorded

Only couples who complete these steps are in a legally recognized marriage in California.

Without these steps, the state sees you as unmarried partners, no matter how committed or long-term your relationship is.

Are Out-of-State Common Law Marriages Recognized in California?

This is where it gets interesting. If you and your partner entered into a valid common law marriage in another state – for example, Colorado or South Carolina – then California will recognize it. However, California only considers a common law marriage recognized if it was validly established in a state where such marriages are permitted.

That’s because under the U.S. Constitution’s Full Faith and Credit Clause, states must honor valid marriages from other states, even if they wouldn’t allow them in their own jurisdiction. When moving to California, a common law marriage may need to be marriage validated by showing it met the requirements of the original state.

So while you cannot create a new common law marriage in California, you can move here with a marriage that was already recognized elsewhere.

Even if your common law marriage is recognized by California, it may not be federally recognized for certain benefits.

California Common Law Marriage Rules and Requirements Explained

Since California doesn’t allow common law marriage, the rules and requirements are simple:

• You must obtain a marriage license
• You must go through the formal marriage process
• Without that, you are considered unmarried

Couples who do not complete the formal marriage process have fewer legal protections than those in a legal marriage.

This is why understanding California family law is crucial for couples who live together but aren’t married.

Domestic Partnership vs. Common Law Marriage

Some people confuse domestic partnerships with common law marriage. They’re not the same.

California recognizes domestic partnerships for both same-sex and opposite-sex couples. A registered domestic partnership can provide some legal rights similar to marriage, such as health insurance benefits or hospital visitation.

But unlike common law marriage, a domestic partnership requires you to file legal documents with the state.

Domestic partnerships can offer some unmarried couples rights, but they do not provide all the rights and protections that come with marriage.

Implications of Common Law Marriage on Domestic Partnerships

Domestic partnerships offer an alternative to traditional marriage for couples in California, providing some of the same legal benefits and protections. While domestic partnerships can grant rights such as healthcare decision-making, hospital visitation, and certain property ownership benefits, they are not the same as common law marriage. Couples in a domestic partnership are not considered married under common law, and California does not recognize common law marriages formed within the state.

For unmarried couples, registering a domestic partnership or creating a cohabitation agreement can help clarify important issues like property ownership and the management of joint financial accounts. These legal steps can provide valuable protections and help prevent disputes if the relationship ends. Because the legal landscape can be complex, especially when it comes to property rights and financial matters, it’s wise to consult a family law attorney. An experienced attorney can help you understand your options, draft agreements, and ensure that your interests are protected in any family law matters that may arise.

Unmarried Couples in California: What the Law Says

If you’re an unmarried couple living together in California, the state does not treat you as married. That means:

• No automatic property rights
• No spousal support if you break up
• No shared community property protections

Unmarried couples may also face legal issues regarding property, support, and custody if the relationship ends.

This is where myths about being “considered married after an extended period” get people into trouble.

Legal Rights and Protections for Unmarried Couples

Even though California doesn’t have common law marriage, unmarried partners do have some options to protect themselves:

• Cohabitation agreements: Legal contracts that outline property ownership, financial accounts, and responsibilities.
• Joint ownership documents: Title property in both names to avoid disputes.
• Wills and estate planning: Without legal documents, a partner has no automatic inheritance rights.

Additionally, jointly owned accounts can help clarify ownership responsibilities and simplify legal processes, reducing the risk of disputes between partners.

It is important to note that unmarried couples do not have rights to marital property under California law unless such rights are established by a specific agreement.

Community Property Rules in California

California is a community property state. For married couples, this means property acquired during marriage is considered jointly owned.

For unmarried couples, however, this doesn’t apply. If you want community property rights while unmarried, you must establish them through agreements and legal documents.

Spousal Support, Palimony Claims, and Cohabitation Agreements

Since unmarried couples cannot seek spousal support through divorce, some pursue a palimony claim. Palimony refers to financial support for one partner after a breakup, based on promises or agreements made during the relationship. A palimony claim often relies on proving an implied agreement between the partners.

Courts may enforce these if there’s proof – such as a written cohabitation agreement or evidence of shared finances. An implied agreement can be established through a verbal agreement or through the conduct of the parties.

Child Custody and Child Support for Unmarried Parents

Even if a couple isn’t legally married, children still have rights. Child custody rights and child support cases are handled under California family law, not marriage law.

Unmarried parents must establish parental rights through legal processes such as paternity tests or court orders to ensure legal recognition and protection of their rights.

Parents have the same responsibilities – including financial support – regardless of marital status.

A non-custodial parent may be required to pay child support even if the parents were never married.

Property Rights for Couples Without a Legal Marriage

Without a marriage license, property ownership can get tricky. If property is in only one partner’s name, the other may have little claim to it. That’s why establishing joint ownership or cohabitation agreements is essential.

Tax and Federal Law Considerations for Unmarried Partners

Unmarried couples in California cannot file joint federal taxes or claim the tax benefits that married couples receive. Instead, they must file federal taxes separately.

Financial Accounts, Joint Ownership, and Legal Precautions

If you have joint bank accounts, financial accounts, or jointly owned property, make sure the paperwork reflects it. Without legal documentation, you may face disputes if the relationship ends.

The Importance of Understanding California’s Laws

California’s approach to common law marriage and domestic partnerships is distinct, and understanding these laws is crucial for couples who want to protect their rights and make informed decisions about their relationships. As a community property state, California generally divides assets acquired during a marriage or registered domestic partnership equally if the relationship ends. However, these community property rules do not automatically apply to unmarried couples, which can make property rights and joint financial accounts more complicated.

For unmarried couples, taking proactive steps – such as establishing a cohabitation agreement or registering a domestic partnership – can help safeguard property rights and clarify financial responsibilities. It’s also important to understand the differences between traditional marriage, common law marriage, and domestic partnerships, as each offers different legal protections and obligations.

Consulting a family law attorney, like those at Najera Law Group, P.C., can provide essential guidance in navigating California’s complex family law system. Whether you’re considering a domestic partnership, need help with a cohabitation agreement, or have questions about property rights and community property, a legal professional can help you make the best choices for your situation. Understanding key terms like common law marriage, domestic partnership, and community property state will empower you to protect your interests and plan for the future.

Family Law Attorneys: Why Legal Advice Matters

A family law attorney can help unmarried couples create agreements, establish property rights, and navigate custody or support issues.

A family law attorney can also assist with any family law matter, including child support, custody, and property division.

Even though California doesn’t allow common law marriage, you can still take steps to protect your relationship legally.

Common Law Marriage Myths and Misconceptions

• ❌ Myth: Living together for 7 years makes you married in California.
• ❌ Myth: Saying you’re married gives you legal rights.
• ✅ Fact: Only a legal marriage license or recognized out-of-state marriage counts.

How California Differs from States That Allow Common Law Marriage

States like South Carolina, Alabama, and Colorado still allow common law marriages under certain conditions. California does not.

Traditionally married couples have different legal rights and recognition compared to those in common law marriages.

If you move from one of those states with a valid common law marriage, California will respect it. But you can’t create one here.

Final Thoughts: Protecting Your Rights Without Common Law Marriage

California may have ended common law marriage in 1895, but modern couples still need protection. Whether through a marriage license, domestic partnership, or cohabitation agreement, the key is planning ahead.

👉 Don’t assume that living together makes you married. It doesn’t.
👉 Protect your rights with legal documents.
👉 And when in doubt, consult a family law attorney at JLA for guidance.