Common law marriage is not recognized in California, regardless of how long a couple has lived together in the state. Couples should know that cohabitation alone provides no automatic rights to property, support, or inheritance. Legal protections require formal marriage, a registered domestic partnership, or written agreements like cohabitation contracts, wills, and powers of attorney to avoid serious legal and financial risks.

This misconception often surfaces when couples buy property together, share finances, or plan long term futures without a marriage license. Problems usually arise during a breakup, illness, or death, when one partner expects rights that do not legally exist. The shock comes when people realize cohabitation alone provides no automatic protections. Important decisions about property, finances, and inheritance can suddenly become uncertain. This lack of clarity leaves many people vulnerable at critical moments.

The risk is that California does not recognize common law marriage at all. Without legal marriage, partners may have no rights to shared property, financial support, or a deceased partner’s estate unless specific steps were taken in advance. Myths about being married “in the eyes of the law” can lead to costly disputes and permanent loss of rights. Waiting until conflict arises often limits the options available to protect yourself.

In this article, you will discover the truth about common law marriage in California, how property rights really work for unmarried couples, and how a family law attorney in California can help you protect your interests and plan for the future.

An Overview of Common Law Marriage in California

Common-law marriage is an informal form of marriage in which couples are considered legally married without obtaining a marriage license or holding a ceremony. This means that in some states, if you live together and act as if you’re married, the law treats you as if you are married.

California does not recognize common-law marriages. No matter how long you live with your partner or how much you act like a married couple, California law will not consider you married without the proper legal steps.

Does California Recognize Common Law Marriage?

California does not recognize common law marriage. To be legally married in California, you must get a marriage license and have a ceremony performed by someone authorized to perform marriages, as required by California Family Code Section 300.

Without these formal steps, you have no marital rights in California. You cannot claim community property or seek spousal support, as married couples can when they divorce.

However, California will recognize your common-law marriage if it was legally formed in another state that recognizes it. This is the only exception to California’s rule against common law marriage.

Which States Recognize Common Law Marriage

Only a handful of states still permit couples to form new common-law marriages. If you lived in one of these places and met their requirements, California courts will treat you as legally married:

Colorado
District of Columbia
Iowa
Kansas
Montana
Rhode Island
Texas
Utah

Some states only recognize common law marriages created before certain dates, so you should verify the specific rules that applied when you lived there.

How Do You Prove a Common Law Marriage from Another State

California courts require solid proof that you had a valid common-law marriage in another state. You cannot just say you were married – you need documentation that shows you met that state’s legal requirements.

The best evidence includes official records and documents that show you lived as a married couple:

Filed Declarations: Some states, like Texa,s let you file an official “Declaration of Informal Marriage” with the county clerk.
Tax Returns: Joint federal or state tax returns where you filed as married.
Property Documents: Deeds, titles, or mortgage papers with both your names as spouses.
Insurance Policies: Health, life, or car insurance listing each other as spouse or beneficiary.
Witness Statements: Written statements from friends or family who knew you as a married couple.

Does Living Together for Seven or Ten Years Create a Marriage in California?

No amount of time living together will make you legally married in California. The “seven-year rule” and “ten-year rule” are myths with no basis in California law.

The confusion about ‘ten years’ originates from California divorce law, which states that marriages lasting ten years or longer can affect spousal support payments. This rule applies only to people who were legally married, not to couples who simply lived together.

What Property Rights Do Unmarried Couples Have in California?

When unmarried couples break up, property division works very differently from divorce. California’s community property laws do not apply to you, so ownership depends on whose name is on the title and what agreements you made.

Property rights for unmarried couples follow these basic rules:

Title Controls Ownership: The person whose name is on the deed, title, or account generally owns that asset.
Marvin Claims: You may have rights based on agreements you made to share property or provide support.
Contribution Claims: You may be eligible to recover payments you made toward your partner’s property.
No Automatic Inheritance: You have no right to inherit your partner’s assets without a will or trust.

Who Gets the House and What Happens to Joint Accounts?

The house goes to whoever’s name is on the deed, but this is not always the end of the story. If you made mortgage payments, paid for improvements, or have proof of an agreement to share the house, you may have a claim for your contributions.

Joint bank accounts are presumed to be owned equally by both parties. Individual accounts belong only to the person named on the account, even if the other partner deposited funds into it.

Can You Get Palimony in California?

Palimony is financial support that one unmarried partner pays to the other after they break up. This is not the same as alimony in divorce – palimony is based on contracts or agreements between unmarried partners.

The famous Marvin v. Marvin case established that unmarried couples can make binding agreements about property and support. These cases go to civil court, not family court, and you need strong evidence of an actual agreement.

What Evidence and Deadlines Apply to a Marvin Claim?

You must prove that you and your partner had an agreement to share property or provide support. Courts look for evidence that shows you both intended to create legal obligations to each other.

Strong evidence for a Marvin claim includes:

Written Contracts: Any document where you agreed to share assets or provide support.
Communications: Emails, texts, or letters discussing your financial arrangements.
Financial Records: Bank statements showing shared expenses or financial dependency.
Career Sacrifices: Proof that you gave up work or education to support your partner.
Witness Testimony: People who can confirm the agreements you made.

There are strict deadlines to file a Marvin claim; the time limit depends on whether the agreement was oral or written and begins when the agreement is breached. You have two years for oral agreements and four years for written agreements, measured from the date the agreement was breached.

Do You Qualify as a Putative Spouse in California?

A putative spouse is someone who genuinely believed they were legally married but was not, due to a legal issue. You must have participated in a wedding ceremony and truly believed your marriage was valid.

The most common example is when someone’s previous divorce was not yet final when they remarried. If you can prove you had a good faith belief in your marriage, California may give you the same property rights as a legal spouse.

What Are Your Options Instead of Common Law Marriage?

Since California does not recognize common-law marriage, you need to take proactive steps to protect your relationship legally. You have several good options that can give you many of the same protections as marriage.

What Does a Cohabitation Agreement Cover?

A cohabitation agreement is like a prenup for unmarried couples. This written contract lets you decide in advance how you will handle money, property, and support if you separate.

Your cohabitation agreement can address:

Property Ownership: Who owns what, and how you will divide assets if you separate.
Financial Responsibilities: Who pays which bills, and how you share expenses.
Support Obligations: Whether one partner will pay support to the other after a breakup.
Dispute Resolution: How you will handle disagreements, such as through mediation or arbitration.

Do Registered Domestic Partners Have Marriage-Like Rights?

California’s domestic partnership gives you almost all the same state law rights as marriage. This includes community property rights, the ability to request partner support, and inheritance rights.

The federal government does not always treat domestic partnerships the same way it treats marriage, which can affect federal taxes and certain benefits. You should understand these differences before registering.

How Do Wills and Medical Directives Protect Unmarried Partners?

Without proper estate planning documents, your partner has no legal rights if you become sick or die. California law gives these rights only to spouses and family members, not unmarried partners.

You need these essential documents:

Will or Trust: Makes sure your partner inherits your property according to your wishes.
Advance Health Care Directive: Authorizes your partner to make medical decisions on your behalf.
Power of Attorney: Authorizes your partner to manage your finances if you are unable to.

What if You Have Children Together?

Having children together creates parental rights and responsibilities regardless of whether you are married. California treats unmarried parents exactly the same as married parents when it comes to custody and child support.

How Does Child Custody Work for Unmarried Parents?

California applies the same best interests of the child standard to all parents, whether married or unmarried. Courts will decide both legal custody (who makes important decisions) and physical custody (where the child lives).

You may need to establish legal parentage first, especially for fathers who are not listed on the birth certificate. Once parentage is established, both parents have equal rights to seek custody.

How Is Child Support Determined for Unmarried Parents?

Child support calculations are identical for married and unmarried parents. California uses a statewide formula that considers each parent’s income, the amount of time each parent spends with the children, and certain allowable deductions.

Your marital status has no impact on your child support obligations or rights.

What Should You Do Now to Protect Your Rights?

Take action now to protect yourself and your relationship, whether you are planning for the future or dealing with a current separation. Being proactive can save you significant legal problems and expenses later.

Start with these important steps:

Collect Financial Documents: Gather bank statements, property deeds, tax returns, and investment records.
Save Proof of Contributions: Keep receipts, cancelled checks, and records of payments you made to shared property.
Document Your Agreements: Write down any understandings you have about money, property, or support.
Consider Legal Protections: Discuss whether a cohabitation agreement or a domestic partnership is appropriate.
Update Estate Planning: Create or update your will, trust, and health care directives.
Get Legal Advice: Consult with a family law attorney if separation seems likely or if you want to understand your options.

Need Guidance from a San Diego Family Law Attorney?

Protecting your rights as an unmarried couple requires understanding complex legal rules that vary greatly depending on your specific situation. At Garwood Reeves, our Certified Family Law Specialists help San Diego families navigate these challenges.

At Garwood Reeves Family Law, our experienced family law attorneys can help you create a cohabitation agreement, file a Marvin claim, establish a domestic partnership, or handle separation issues. Our goal is to provide you with clear guidance and strong advocacy so you can make informed decisions about your future.

Contact us to schedule a consultation with our award-winning family law attorneys. We understand what families go through, and we will work hard to make the legal process easier for you.

Frequently Asked Questions

Does Filing Joint Tax Returns Make Us Married in California?

No, filing joint tax returns does not create a marriage in California. While joint returns can be evidence of a common-law marriage in another state, they do not satisfy California’s requirements for a marriage license and ceremony.

When Did California Stop Allowing Common Law Marriage?

California abolished common-law marriage in 1895 and has not restored it. The state only recognizes marriages that are valid where they were performed, which means you must follow formal marriage requirements.

What Is the Time Limit to File a Marvin Claim?

You have two years to file a claim based on an oral agreement and four years for a written agreement. The deadline begins when your partner breaches the agreement, so you must act promptly to preserve your rights.

Can I Get Part of a House That Is Not in My Name?

You may be able to claim a share if you can prove you had an agreement to own the property together or if you made significant contributions to it. You need strong documentation, such as bank records, receipts, and proof of payment, to support your claim.

Do Domestic Partners Get the Same Property Rights as Married Couples?

Yes, California domestic partners have nearly identical community property rights as married spouses under state law. However, federal law treats domestic partners differently from spouses for some purposes, such as taxes and Social Security benefits.

How Should I Document My Financial Contributions?

Keep detailed records of all money you contribute to shared expenses or your partner’s property. Save bank statements showing transfers, copies of checks for rent or mortgage payments, and receipts for home improvements or repairs.

Will California Recognize Me as a Spouse for Inheritance Purposes?

California recognizes you as a spouse only if you have a valid common-law marriage in another state that permits it. Without this, you have no automatic inheritance rights, making a will or trust absolutely essential.

Do I Need Separate Court Cases for Different Issues?

Possibly. Child custody and support issues go to family court, while claims for property or support go to civil court. An experienced attorney can help you coordinate these cases and understand how they affect each other.