California Common Law Marriage Laws 2026 – All You Need To Know

By Melissa D. Cianci

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News

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Last Modified on Feb 28, 2026

You’ve built a life together, shared finances, maybe even a home – and now you’re wondering if you have the same legal protections as a married couple. People often ask about California common law marriage laws when they realize their long-term relationship might leave them vulnerable during a breakup or medical emergency. 

California does not allow couples to establish new common-law marriages within the state, however, it does recognize valid common-law marriages formed in other states that permit them, thanks to the Full Faith and Credit Clause.  

Learn the legal alternatives that can help protect you and your partner. Creative Family Solutions, Cianci Law, PC can walk you through exactly what steps to take now to secure your rights – no matter how long you’ve been together.

Understanding California Common Law Marriage Laws

Key Takeaways:

• California abolished common law marriage in 1895 and does not recognize new common law marriages formed within the state
• Living together for any period of time (including 7 years) does not create a legal marriage in California
• California will recognize common law marriages that were validly established in other states that permit them
• Domestic partnerships and cohabitation agreements offer legal protections for unmarried couples in California
• Unmarried parents have the same custody and support rights as married parents once parentage is established

California’s Stance on Common Law Marriage

Here’s what happens when people find out California doesn’t recognize common law marriage: they look confused. “But we’ve been together for 10 years!” they say. I get it. The confusion makes sense.

California abolished common law marriage back in 1895. That’s right, over a century ago. So if you’re living in California right now, no matter how long you’ve been together, you cannot create a common law marriage here. Period. You need a marriage license from the California Department of Public Health and an actual ceremony.

The “7-year rule” is a myth (honestly, I don’t know where this one even came from, but it won’t die). There’s no magic number of years. Could be 3 years. Could be 30. Doesn’t matter. California law requires formal marriage with proper documentation, and the California Courts system is very clear about this.

Now here’s where it gets interesting. Just because California doesn’t create common law marriages doesn’t mean the state ignores them completely. If you established a valid common law marriage in a state that recognizes it – like Texas, Colorado, or Iowa – California will generally honor that marriage under the Full Faith and Credit Clause. But you had to actually meet that other state’s requirements while living there. Not just vacationing.

Recognition of Out-of-State Common Law Marriages

Let me explain how this works because people move to California all the time from states where common law marriage is still a thing.

If you formed a valid common law marriage in one of the states that still recognizes it (and there aren’t many left), California courts will typically treat you as legally married. The key word here is “valid.” You actually had to meet all the requirements of that state’s law – usually things like:

• Living together as spouses
• Presenting yourselves publicly as married
• Having the intent to be married

Each state has different rules, and you need to prove you satisfied them. Texas law provides two alternative paths to establish common law marriage: (1) signing a Declaration of Informal Marriage with the county clerk, OR (2) providing evidence of three simultaneous conditions: agreement to be married, cohabitation as spouses, and representation to others that the couple is married. Colorado has its own standards under Colorado common law marriage statutes.

The courts aren’t just going to take your word for it. You’ll need evidence. Photos, joint accounts, tax returns filed as married, affidavits from people who knew you as a married couple. Documentation matters.

Alternatives to Common Law Marriage in California

So what can you do?

Domestic partnerships are the big one. California created this option initially for same-sex couples (before marriage equality) but expanded it. Now, any couple where both partners are at least 18 years old can register as domestic partners with the California Secretary of State.

When you register as domestic partners with the California Secretary of State, you get significant rights:

• Community property rights
• Healthcare decision-making authority
• Hospital visitation rights
• Inheritance rights without a will
• Ability to use stepparent adoption procedures

But here’s the thing about domestic partnerships – they’re not quite marriage. For federal purposes, they weren’t always recognized the same way (though same-sex marriage legalization changed some of this landscape). And other states? They might not recognize your California domestic partnership at all.

Cohabitation agreements are another tool. Think of them like prenups for unmarried couples. You can spell out property rights, financial responsibilities, what happens if you break up. These are contracts, and California courts generally enforce them as long as they’re not based solely on sexual services (more on that in a minute).

Financial Support and Property Rights for Unmarried Partners

Marvin v. Marvin. That’s the case everyone references, decided way back in 1976. Michelle Marvin lived with actor Lee Marvin for several years without marriage. When they split, she sued for support. The California Supreme Court said unmarried couples can make contracts about property and support – express or implied – as long as the agreement isn’t based just on “meretricious” (sexual) services.

What does this mean practically? If you and your partner had an agreement about finances, property, or support, you might be able to enforce it. The agreement can be:

• Express (you actually discussed it and agreed, maybe in writing, maybe verbally)
• Implied (your conduct suggested an agreement existed)
• Based on quantum meruit (you provided services and deserve fair compensation)

But proving an implied agreement is hard. Really hard. Courts want evidence. They’re not going to assume you had an agreement just because you lived together and shared expenses like roommates typically do.

The term “palimony” gets thrown around – it’s not an official legal term, more media shorthand for support claims between unmarried partners. These claims exist, but they’re difficult to win. You need proof of an actual agreement, and “we lived together and they promised to take care of me” usually isn’t enough without something more concrete backing it up.

Property and Asset Division for Unmarried Couples

Not married? Then community property laws don’t apply to you. That’s the simple version.

California’s community property system means married couples generally split everything 50/50 (acquired during marriage, with some exceptions). Unmarried couples don’t get this treatment. Instead, property belongs to whoever holds title or whose money purchased it. Joint accounts are jointly owned. Separate accounts stay separate.

This is where things get messy. Say you bought a house together, but only one person’s name is on the deed (maybe the other person had credit problems). Legally, that house belongs to the person named on the deed. If property is held in both names, California law presumes tenants-in-common ownership, which means equal division upon separation. If only one partner is on title, that person is the owner, BUT the other partner may still claim ownership interest through a “Marvin action” if they can prove an express or implied agreement to share property or if they made substantial contributions to the property.

Cohabitation agreements prevent these nightmares. You can specify:

• How property purchased during the relationship gets divided
• What happens to joint purchases if you separate
• Whether one partner can claim compensation for contributing to the other’s education or career
• How debts get handled

The California Bar Association provides resources about drafting these agreements (though you really should use an attorney, not just download a form online).

Some couples establish joint ownership of major assets by putting both names on deeds, titles, and accounts. This creates legal co-ownership, but be careful – it also means either person can potentially sell or encumber their share without the other’s permission, depending on how the title is held. Tenancy in common versus joint tenancy matters. A lot.

Parental Rights and Responsibilities for Unmarried Parents

And here’s some good news: being married or not married makes zero difference for your kids’ rights.

Once parentage is established, California law treats unmarried parents the same as married parents regarding custody, visitation, and child support. The California Department of Child Support Services handles support enforcement regardless of marital status.

For mothers, parentage is automatic at birth. For fathers – or for non-biological parents – you might need to establish it formally through:

• Signing a Voluntary Declaration of Parentage (usually at the hospital)
• A court order establishing parentage

Unmarried fathers have the same custody rights as married fathers once parentage is established. You can seek joint custody, sole custody, visitation – whatever’s in the child’s best interest. Same standards apply.

Child support calculations use the same formulas. Custody arrangements follow the same best-interest-of-the-child analysis. The California Courts self-help resources explain the process for establishing parentage and setting custody orders.

One thing to watch: if you’re not the biological parent and you’re not married to the biological parent, establishing parental rights gets more complicated. You might need a stepparent adoption (if you later marry) or a second-parent adoption. But that’s a whole other conversation about adoption law, not marriage law.

Legal and Social Implications of Cohabitation

Tax time reveals the differences fast. The California Franchise Tax Board requires registered domestic partners to use one of the same filing statuses as married couples: Married/RDP filing jointly, Married/RDP filing separately, Head of Household, or Qualifying Surviving Spouse. But federally? Domestic partners who aren’t legally married face different rules for various benefits and filing statuses.

Unmarried couples without domestic partnership registration file as single (or head of household if they qualify). You can’t file jointly. Can’t claim your partner as a dependent (usually). Different deduction rules apply.

Social Security benefits work differently too. General unmarried couples who are not registered domestic partners are ineligible for Social Security survivor and spousal benefits. However, California registered domestic partners may be eligible for Social Security survivor and spousal benefits, provided they meet all applicable requirements under federal law and California Family Code § 297. Even if you were together 50 years. Even if you financially supported your partner their entire adult life. The federal government doesn’t care. You weren’t married, so no benefits transfer. (This is one area where marriage really, truly matters financially, and it’s worth considering.)

Healthcare decisions become critical. Without legal authority, you might not be able to make medical decisions for an incapacitated partner. Hospitals might exclude you from the ICU. You could be shut out completely while their estranged relatives make choices. Domestic partnership registration helps with this in California, but advance healthcare directives and powers of attorney provide backup protection.

Dissolving a domestic partnership requires a legal process similar to divorce if you’ve been registered for more than five years or have children or significant assets. You file with the California Secretary of State for termination, but you might also need court proceedings for property division and custody issues. It’s not quite as simple as just moving out.

For couples who never registered as domestic partners and don’t have formal agreements? Breaking up is legally simpler but financially messier. No court oversees the split. No automatic rules for dividing assets. You’re on your own to figure it out, and if you can’t agree, you’re looking at regular civil litigation, not family court.

Frequently Asked Questions

How does California recognize common law marriage established in other states?

If you got legally common law married in a state that allows it – like Texas or Colorado – California will recognize it. The key word is legally. You need to have actually met that state’s requirements while you lived there. You can’t just visit Texas for a weekend and claim common law marriage. Once it’s valid there, California treats it like any other legal marriage.

How can unmarried couples protect their rights in California?

Write things down. Seriously, get a cohabitation agreement that spells out who owns what, who pays for what, and what happens if you split up. You can also register as domestic partners if you qualify. Joint ownership documents for property help too. Don’t rely on assumptions or “we had an understanding.”

What legal rights do domestic partnerships provide in California?

Pretty much everything marriage provides at the state level – hospital visitation, health insurance coverage, inheritance rights, community property rules, the whole deal. You won’t get federal marriage benefits though, since domestic partnerships aren’t recognized federally. But in California? You’re treated the same as married couples for state taxes, property division, all of it.

What are Marvin claims, and how do they apply in California?

Named after the famous Lee Marvin case, these let unmarried partners claim financial support or property based on agreements between them. The agreement can be written, verbal, or even implied by how you acted. But you’ll need to prove the agreement existed, and that’s harder than it sounds without documentation.

How are Marvin v. Marvin cases handled in the courts?

Courts look at whether there was an actual agreement, not just a relationship. They’ll consider written contracts, oral promises backed by evidence, or implied agreements based on your behavior. But here’s the frustrating part – just living together and sharing expenses isn’t enough. You need to show you agreed to support each other or share property, and judges are pretty skeptical without solid proof.

What parental rights do unmarried parents have in California?

Same rights as married parents once paternity is established. Custody, visitation, decision-making – it all works the same way. The difference is unmarried dads need to either sign a voluntary declaration of paternity at the hospital or establish it through the courts. Moms are automatically recognized. After that, you’re on equal footing.

How do you dissolve a domestic partnership legally in California?

Depends. If you’ve been registered for less than five years, have no kids, limited property, and meet other requirements, you can file a simple termination form with the Secretary of State. Otherwise? You’re basically going through a divorce process – filing with the court, dividing property, possibly dealing with support issues.

What societal benefits come with cohabitation agreements?

Not really “societal” benefits so much as personal protection. You get clarity about money and property, you avoid massive fights if things go south, and you don’t end up in court trying to prove what you agreed to years ago. Think of it like a prenup for people who aren’t getting married.

How are property rights managed for unmarried couples in California?

Each person owns what’s in their name unless you can prove otherwise. No automatic community property like married couples get. If you bought a house together, whoever’s on the deed owns it – usually as tenants in common unless you specified otherwise. This is exactly why cohabitation agreements matter, because California law won’t protect you automatically.

Creative Family Solutions, Cianci Law, PC: Your Family Law Firm

California doesn’t recognize common law marriage. But here’s what people miss: if you created a common-law marriage in another state before moving here, California will honor it.

We’ve handled plenty of cohabitation cases. Property disputes, palimony claims, parentage issues – they all require different strategies than traditional divorce. And you can’t afford to wait until things fall apart (hopefully they don’t though) to sort out who owns what.

Contact our firm today while you still have options to put agreements in place. Because trust me, doing this on the front end beats fighting about it in court later.