Short explanation:

Long explanation:

The belief that couples automatically become married after living together for a certain period (typically cited as 7 or 10 years) is one of the most common misconceptions in family law. This myth of automatic “common law marriage” after a set time period is not accurate in California or most other states.

California’s Position on Common Law Marriage

No Common Law Marriage Established in California:

• California abolished common law marriage in 1895
• No amount of time living together within California will automatically create a legal marriage
• Cohabiting couples don’t acquire marital rights or obligations simply through the passage of time
• Only formal marriage (with license, solemnization, and registration) or registered domestic partnership establishes legal marital status

Recognition of Common Law Marriages from Other States:

• California will recognize valid common law marriages established in states that allow them
• If a couple lived in a state that recognizes common law marriage and met that state’s requirements, California will honor that marriage
• Currently, only a small number of states still recognize new common law marriages: Colorado, Iowa, Kansas, Montana, Rhode Island, Texas, Utah, and Washington D.C.

Legal Protections for Long-Term Unmarried Partners

While long-term cohabitation doesn’t create a marriage, California does offer some legal protections:

Palimony (Marvin Claims):

• California recognizes “Marvin claims” (named after the landmark 1976 case Marvin v. Marvin)
• These claims allow unmarried partners to enforce express or implied agreements about property and financial support
• Partners can establish contract rights to property acquired during their relationship
• Such claims require evidence of an agreement, not just the fact of cohabitation

Registered Domestic Partnership:

• California allows both same-sex and opposite-sex couples to register as domestic partners
• Registered domestic partners have many of the same rights and responsibilities as married couples
• This requires formal registration with the Secretary of State, not just living together

Cohabitation Agreements:

• Unmarried couples can create legally binding cohabitation agreements
• These contracts can specify property rights, support obligations, and other financial arrangements
• Having a written agreement provides significantly more protection than relying on implied agreements

Important Considerations for Long-Term Unmarried Couples

Without the automatic legal protections of marriage, cohabiting couples should consider:

Property Ownership:

• Property acquired during cohabitation is not automatically considered community property
• Without specific agreements, property typically belongs to the person who earned it or whose name is on the title
• Joint ownership must be deliberately established through proper legal documentation

Estate Planning:

• Unmarried partners have no automatic inheritance rights
• Without a will or trust, a deceased partner’s assets go to their legal relatives, not their surviving partner
• Estate planning documents are essential for unmarried couples to protect each other

Parentage and Children:

• For unmarried couples, legal parentage is not automatically established for non-biological parents
• Additional steps may be needed to establish parental rights for non-biological parents
• Legal adoption or parentage actions may be necessary to secure parental rights

The myth of automatic marriage after 7 years may persist, but the legal reality is clear: long-term cohabitation alone does not create a marriage in California. Our experienced family law attorneys can help unmarried couples understand their rights and create appropriate legal protections for their relationship.

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