California and Common Law Marriage: What You Need to Know
Introduction
Many couples in long-term relationships wonder whether they have the same rights as married spouses, even without a marriage license. This question often leads to confusion around California and common law marriage. While some states recognize common law marriage, California does not — but there are important exceptions, legal protections, and strategies unmarried couples should understand.
What Is Common Law Marriage?
Common law marriage is a legal doctrine where two people are considered married without a formal ceremony or marriage license. Common law marriage differs from traditional marriage, which requires a formal ceremony and marriage license. Instead, the couple must usually:
- Live together for a long period,
- Present themselves publicly as married,
- Intend to be married.
Marriage is a civil contract between two persons, creating a personal relation arising out of that contract. Only parties capable of entering into such a civil contract can form a legally recognized marriage. States that recognize this concept grant partners in a common law marriage the same legal rights as those in traditional marriages. Common law marriage exists only under certain circumstances, depending on state law.
Does California Recognize Common Law Marriage?
The short answer: California does not recognize common law marriage. California only recognizes legal marriages and traditional marriages performed under state law. No matter how long two people live together, they are not considered legally married in the eyes of California law unless they obtain a valid marriage license and perform a ceremony recognized under state law. However, California recognizes common law marriage if it was established in a state that recognizes common law marriage.
Related Terms: ten years, legal marriage, legally allowed,
Historical Context
Before 1895, common law marriage was recognized in California under certain circumstances. California abolished recognition of common law marriage in 1895. Since then, couples who live together without a marriage license do not automatically gain marital rights, regardless of how long the relationship lasts or whether they call themselves “husband and wife.”
Recognizing Common Law Marriage from Other States
Although California does not create common law marriages, it will recognize a common law marriage legally established in another state. If a common law marriage recognized in another state is brought to California, the marriage may need to be validated for certain legal purposes, such as property rights or divorce proceedings.
For example:
- If a couple is considered legally married under Colorado common law marriage rules, and then moves to California, the marriage is valid here too. However, while California recognizes common law marriage established elsewhere, such marriages are not federally recognized, which can affect federal taxes. Couples in a common law marriage may need to file their federal taxes separately.
- This recognition follows the principle of full faith and credit under the U.S. Constitution.
Key Differences: Marriage vs. Cohabitation
Living together as unmarried partners offers fewer legal protections than marriage. Consider the following:
- Married couples receive automatic rights and marital benefits, including rights to marital property and shared property acquired during the marriage. These automatic rights cover community property, tax benefits, inheritance rights, and spousal support obligations.
- Unmarried couples do not have an automatic right to property acquired or shared property during the relationship, nor do they automatically gain these rights or marital benefits, even after an extended period of cohabitation.
Legal Rights for Unmarried Couples in California
Even though California does not recognize common law marriage, unmarried couples do have options to protect their interests. An unmarried couple should consider preparing legal documents to address legal issues that may arise, such as inheritance, separation, or access to medical records. It is also important for an unmarried couple to establish whether property is jointly owned or if they share finances, as this can help protect their interests in the event of a separation or dispute.
1. Domestic Partnerships
California law allows couples — including opposite-sex partners over 18 — to register a domestic partnership, which provides many of the same rights as marriage and can offer certain marital benefits similar to marriage.
2. Cohabitation Agreements
Unmarried partners may draft a cohabitation agreement, which can be a written, oral, or implied agreement and is considered a type of civil contract, that sets out property rights, financial responsibilities, and expectations if the relationship ends.
3. Joint Ownership
Couples can establish joint ownership of property, bank accounts, and other assets, but this must be explicitly documented. Assets can be considered jointly owned and treated as shared property if both partners’ names are on the title or account. Property acquired during the relationship may be treated differently depending on whether it is jointly owned or only in one partner’s name.
4. Estate Planning
Without a legal marriage, partners do not have an automatic right to inherit property without proper legal documents. Wills, trusts, or beneficiary designations are necessary legal documents to ensure inheritance rights.
What About “Palimony”?
California courts recognize a palimony claim, which is a legal action for financial support paid between unmarried partners after separation. Understanding palimony involves examining its legal basis, history, and how landmark cases like Marvin v. Marvin established the framework for such claims in California.
To succeed in a palimony case, one partner must show:
- An implied agreement or written agreement for lifetime support,
- Or a promised lifetime support or financial support during the relationship.
Financial support paid under a palimony claim depends on the existence and proof of an agreement between the partners.
This is not automatic and often requires legal counsel to prove.
Spousal Support vs. Financial Support in Non-Marital Relationships
- Spousal support is guaranteed for married couples who divorce, but is not available when a non marital relationship ends.
- Financial support (palimony) may be available for unmarried partners in a non marital relationship, especially after a long term relationship, if there’s clear evidence of an agreement.
Child Support and Custody
Whether married or not, parents have equal obligations for child support. California family law ensures that:
- Both parents must financially support their children.
- Child custody and visitation rights are determined based on the best interest of the child, regardless of marital status.
Community Property Considerations
California is a community property state, meaning all property acquired during a marriage is considered marital property and belongs equally to both spouses. However, this does not apply to unmarried couples unless:
- They specifically agree to joint ownership, in which case shared property may be recognized,
- Or they can prove financial contributions that establish ownership rights.
Tax Implications
- Married couples can file joint federal and state tax returns.
- Unmarried couples must file federal taxes separately, even if they live together as if married, because their relationship is not federally recognized. Common law marriages may not be federally recognized, which means couples in such relationships are also required to file their federal taxes separately.
This often results in fewer tax benefits for unmarried partners.
Misconceptions About Common Law Marriage in California
- Myth: Living together for 7–10 years makes us married.
Fact: California law does not recognize this. - Myth: Referring to each other as “husband” and “wife” creates marriage rights.
Fact: Without a license, there is no legally recognized marriage. - Myth: Sharing finances automatically makes you considered married.
Fact: Even if you share finances, such as joint bank accounts or property, this does not grant you an automatic right or automatic rights to marital status or property. Financial arrangements may create contract rights, but not marital status.
Protections Through Domestic Partnership
A registered domestic partnership in California offers:
- Community property rights,
- Spousal support upon dissolution,
- Parental rights,
- Healthcare decision-making authority,
- Some marital benefits at the state level, but domestic partnerships are not federally recognized and do not provide federal benefits such as joint federal tax filing.
For many couples, this is a practical alternative to marriage.
When to Consult a Family Law Attorney
Unmarried couples should seek legal counsel for:
- Drafting cohabitation agreements,
- Palimony claims,
- Establishing joint ownership,
- Resolving disputes over property or finances,
- Planning for inheritance and estate distribution,
- Addressing any legal issues that may arise in the event of death, separation, or spousal support.
A family law attorney can assist with any family law matter or legal issues related to unmarried couples, ensuring your rights are protected and helping you avoid disputes if the relationship ends.
Examples from Other States
- Alabama, Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas, and Utah have common law marriage recognized under their laws.
- New Hampshire recognizes it only for inheritance purposes.
Couples who move from these states to California remain legally married if their relationship qualified as a common law marriage under the original state’s law. However, for certain legal purposes, their marriage may need to be validated as a california common law marriage. This process ensures the marriage is properly recognized and marriage validated under California law.
Legal Takeaways
- California does not allow you to create a common law marriage.
- California does recognize common law marriages legally established elsewhere.
- Unmarried couples do not have automatic rights and must use legal documents—such as domestic partnerships, contracts, or estate planning—to secure marital benefits and protections similar to marriage.
Conclusion
Understanding California and common law marriage is critical for couples who live together without a marriage license. While California does not recognize these unions, couples still have legal options to protect property rights, financial support, and family relationships. Speaking with a family law attorney can provide clarity and ensure both partners are legally protected.
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