Summary: Common law marriage creates a legal marriage without a license or ceremony, but only in certain states.
Quick Summary
California does not recognize common law marriage, no matter how long you’ve lived together.
Living together doesn’t give you legal rights—you need formal agreements to protect yourself.
If you had a valid common law marriage in another state, California may honor it.
You can protect your relationship with tools like: Domestic partnerships
Cohabitation agreements
Estate planning & powers of attorney
Don’t assume your partner’s property or benefits are shared—document everything.
🛡️ If you want legal protection without marriage in California, you have to set it up yourself.
Common law marriage is when a couple lives together and presents themselves as married—without ever having a wedding or getting a marriage license.
In states that recognize it, couples who meet specific requirements are legally treated as married despite never obtaining a formal marriage license or having a ceremony. These requirements typically include:
The key difference from traditional marriage is the absence of formal documentation – but the legal rights and responsibilities can be identical in states that recognize it.
Summary: California absolutely does not recognize common law marriage under any circumstances.
No. California does not recognize common law marriage, no matter how long you’ve been living together. This has been true since 1895 when the state legislature officially abolished common law marriage.
It doesn’t matter:
The only way to be legally married in California is by getting a marriage license and having a ceremony that’s officially recognized under California Family Code Section 300.
Moving forward, let’s explore the historical context to understand why California takes this position.
Summary: California briefly recognized common law marriage during the Gold Rush era but abolished it in 1895.
California briefly recognized common law marriage during its early statehood, particularly during the Gold Rush era when access to formal marriage ceremonies was limited. However, the state legislature formally abolished common law marriage in 1895, requiring couples to follow specific legal procedures to establish a valid marriage.
Since then, the state has maintained this strict position, instead offering alternatives like domestic partnerships for couples seeking legal recognition without traditional marriage.
Despite changing social attitudes toward relationships, California’s position on common law marriage has remained consistent for over 125 years. This stands in contrast to several other states that continue to recognize the practice.
Summary: Only 15 states plus DC still recognize some form of common law marriage, with varying requirements.
As of 2025, these states still recognize some form of common law marriage:
If you established a relationship in one of these states that meets their requirements for common law marriage, your marriage may be recognized when you move to California. This brings us to an important question for couples relocating to California.
Summary: California will honor your common law marriage if it was legally valid in your previous state.
Q: What if I had a common law marriage in another state? If the state you lived in recognized your relationship as a legal marriage, then California will honor that under the “full faith and credit” clause of the U.S. Constitution.
For example:
In this case, California will treat your relationship as a legal marriage because it was valid where it started.
But you’ll need to prove it. That means showing evidence like:
Without this evidence, California courts may not recognize your out-of-state common law marriage, leaving you without legal protections. This is why documentation is crucial.
Now, let’s address another common misconception about California relationship law.
Summary: The 10-year rule affects spousal support in divorces but has nothing to do with common law marriage.
Fast & Compassionate Support
Many people confuse California’s “10-year rule” with common law marriage. They are not the same thing.
The 10-year rule in California refers to whether a marriage is considered “long-term” or “short-term” for divorce purposes. If a couple has been legally married for 10 years or more:
This rule only applies to legally married couples. It does not create a marriage between cohabitating partners, and it is not a form of common law marriage.
With this clarification in mind, let’s explore what legal protections are available to unmarried couples in California.
Summary: California offers several legal alternatives to marriage that provide important protections.
Even if California doesn’t recognize common law marriage, you still have legal options to protect your relationship and assets. The state offers several alternatives that can provide many of the same benefits as marriage.
Summary: Domestic partnerships provide many marriage-like benefits at the state level.
Since January 1, 2020, California allows any couple eligible to marry to register as domestic partners, regardless of age or sexual orientation (California Family Code § 297-299.6).
Benefits include:
To register:
While domestic partnerships don’t provide all federal benefits of marriage, they offer significant legal protections under California law. For couples seeking a more customized approach, cohabitation agreements provide another option.
Summary: A cohabitation agreement works like a contract to protect both partners’ interests.
A cohabitation agreement is a legally binding contract between you and your partner.
It outlines things like:
Think of it as a “relationship contract” for people who aren’t married. It’s legally enforceable if properly executed.
A cohabitation agreement is especially helpful if you:
Unlike domestic partnerships, cohabitation agreements can be completely customized to your relationship. They’re particularly valuable for protecting property rights in case of a breakup.
Summary: Palimony provides support to unmarried partners in certain circumstances based on prior agreements.
Palimony is similar to alimony—but for unmarried partners. It stems from the landmark Marvin v. Marvin (1976) 18 Cal.3d 660 case.
You may be entitled to palimony if:
Note: Palimony claims (also called “Marvin claims”) are challenging to win and require strong evidence. California courts examine:
Protect What Matters Most
While palimony provides some protection, it’s far better to establish rights proactively with formal agreements. Let’s look at comprehensive strategies for protecting yourself.
Summary: Take proactive legal steps to create protections similar to those marriage would provide.
To stay protected while unmarried in California, consider doing the following:
Don’t assume rights will just happen over time. They won’t. You have to create those protections yourself through proper legal documentation.
Remember that each of these documents serves a different purpose in protecting your relationship. Together, they can provide many of the same protections as marriage, but they must be created proactively.
Summary: Without marriage, property division follows different rules, while parental rights can be established regardless of marital status.
Without a marriage, California’s community property laws don’t apply. That means:
Example: You bought a car together but only one name is on the title. That person usually keeps it unless you can prove it was meant to be shared through documentation or other evidence.
For this reason, proper documentation of ownership intentions is crucial for unmarried couples purchasing significant assets together.
If you have children together:
Unlike with property, California law treats children of unmarried parents the same as those with married parents once parentage is established. The courts prioritize the best interests of the child regardless of the parents’ marital status.
Given these complexities, professional legal guidance is often necessary.
Summary: Consult a family law attorney proactively to establish protections or when facing relationship changes.
Talk to a family law attorney if:
A quick consultation now can save you significant legal complications and expenses later. Many family law attorneys offer initial consultations at reduced rates to help you understand your options.
Let’s address some common questions that remain about common law marriage in California.
No. California does not recognize common law marriage under any form—no matter the length of the relationship. This has been the case since 1895.
Start Your Path to Resolution
Yes, but only if you set them up. Use written agreements, domestic partnership registration, and proper estate planning to protect assets, property, and rights.
That doesn’t matter in California. Only a legal marriage performed with a license and ceremony counts under California Family Code.
Yes, if you want legal protection. It helps clarify ownership and responsibilities in case of a breakup and can be enforced by California courts.
Maybe, but it’s not automatic. You’ll need strong evidence of a promise to support and a relationship based on that agreement. These claims are based on contract law, not family law.
Yes. If it was valid in the state where it began, California will recognize it under the full faith and credit clause of the U.S. Constitution.
Domestic partnerships provide many state-level rights similar to marriage but lack most federal benefits. Key differences include:
No. The 10-year rule only applies to legally married couples for determining spousal support duration. It does not create a marriage between unmarried partners.
California is strict when it comes to marriage law. Living together isn’t enough to give you legal rights—you have to be proactive.
If you want legal protection without marriage, it’s all about putting things in writing and using the legal options California does provide, such as domestic partnerships and cohabitation agreements.
Don’t wait for problems to arise. Plan now to protect your rights, assets, and relationships under California law.
California Family Code Section 308: This statute stipulates that a marriage validly contracted outside California is valid within the state. ajud.assembly.ca.gov
California Secretary of State – Domestic Partners Registry: Provides comprehensive information on domestic partnerships in California, which offer many rights similar to marriage. Wikipedia
California Department of Health Care Services – Medi-Cal Eligibility Procedures Manual: Discusses the recognition of common law marriages from other states concerning Medi-Cal eligibility. CalHealth Services
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