California Common Law Marriage

California Common Law Marriage

There are several ways to build a family in California. Some couples may decide to legally marry and enjoy the full benefits accorded by the state. Others may decide never to pursue marriage and yet reside together in an intimate relationship. If you are among the latter, it is important to understand the stand California takes on common-law marriages.

If you live in California and are exploring your options, you may be wondering whether common-law marriages are recognized in the state. While it is accepted in a few states, California has a unique stance on this concept.

Understanding Common Law Marriages

A common law marriage is a legally recognized concept of a union between individuals who have not gone through a formal marriage ceremony or obtained a marriage license. It originated in 11th century England for couples who could not or did not want to go through a religious wedding. The concept of common law marriage thus protected the rights of unmarried couples in medieval England.

Each state in the US has its own laws concerning common-law marriages. Some recognize this concept, while others don’t. For states that do acknowledge common law, its requirements vary greatly. But, generally, the couple must cohabitate, possess the intention to get married and project themselves as married to be accorded protection under this legal principle.

States That Allow Common Law Marriages

As of 2025, the following states in the US allow common-law marriages:

1. Colorado
2. District of Columbia
3. Iowa
4. Kansas
5. Montana
6. Oklahoma
7. South Carolina
8. Texas

These states have different sets of laws and requirements for common-law marriages.

Requirements for Valid Common Law Marriages

There are a few common grounds in most states to recognize common-law marriages. They are:

1. The couple must reside together for a certain period of time
2. The couple would be legally allowed to be married in the state
3. Both partners intend to get married
4. Partners refer to each other as married in public

Are Common Law Marriages Recognized at the Federal Level?

Common law marriages aren’t universally recognized by every state, and the absence of a federal statute in this regard adds to the complexity.

There’s also a common misconception that living together with your partner for a specific duration grants the status of common law marriage. However, this is not true. You’ll only be considered legally married if the state you reside in recognizes common-law marriage.

If your marriage is validly accepted in a state that allows common-law marriage, you can enjoy federal benefits, such as filing taxes jointly.

California’s Position on Common Law Marriages

California does not recognize common law marriages for couples entering into relationships within its borders. Thus, no matter how long you reside with your partner and consider yourselves married, you will not be considered legally married in the state. The only way to enjoy the rights of a married couple is to go through a formal ceremony and obtain a marriage license.

However, there’s an exception when common law marriages may be recognized and upheld in court. California will recognize a common law marriage if it was validly established in another state that recognizes such relationships. This is due to the Constitutional Full Faith & Credit Clause, which requires each state to recognize the laws and judicial decisions of other states. So, if you relocate from a state where you are legally married under common law, you will retain the same status in California.

What Does This Imply?

Since California doesn’t recognize common-law marriages, it can have severe implications for couples living together with that intention in the state. This means:

Matrimonial Rights

If you reside with your partner without being legally married, you will not have the same legal protections and rights as a married couple would have. This can affect various aspects of your married life, including child custody & support, property division, alimony, and inheritance.

Healthcare/Employer Benefits

Some individuals may have access to employer benefits or healthcare benefits under government programs, which can be extended to their spouses. However, if you are unmarried in California, your partner may not be eligible to receive the benefits you have access to.

Child Support & Custody

Unmarried couples still have the right to child custody in California, provided that paternity is established. If paternity is contested, the mother will get custody and support obligations until fatherhood is established either by a signed declaration or court-ordered genetic testing.

Property Division

Under community property laws, all assets and debts during the marriage are divided equally after divorce or separation. In the case of unmarried couples, dividing property becomes tricky. The court will consider factors like the name on the title deed, who contributed financially, and whether there’s a written or implied agreement regarding property ownership between the couple.

Inheritance

Unlike married couples, unmarried individuals don’t have the same rights of inheritance. If you are legally unmarried and your spouse expires, you may have to engage in lengthy court battles to claim rights to the deceased individual's assets.

Separation

If an unmarried couple decides to end the relationship, they don’t have the same legal rights and procedures to guide them through child custody, support obligations, and property division as married couples do.

Rights of Unmarried Couples in California

Marriage is a choice, and not every couple wants to walk down the aisle for a lifetime of togetherness. As an unmarried couple, you must take certain steps to legally protect yourself. Upon taking certain precautions, you can have the following rights:

Property Rights

Married individuals and domestic partners have an automatic right to joint ownership of assets and debts. Unmarried couples do not share property unless established by way of an agreement or putting both their names on property deeds.

Finances

Unmarried couples must establish joint ownership of all accounts individually to have access to each other’s retirement funds, bank accounts, credit cards, etc.

Parental Rights

If parents who are not married have children together, they must establish paternity to have equal rights & duties regarding custody & child support. They can sign a voluntary declaration of parentage at the time of childbirth to establish themselves as legal parents.

Protecting Your Rights as a Common Law Couple in California

If you are in a common-law relationship in California, you can take certain steps to secure your rights and interests.

1. Enter into a Cohabitation Agreement

   A cohabitation agreement is a legally binding contract that outlines rights and responsibilities related to property division, support, and child custody of each partner in a relationship.

2. Create a Will or Estate Plan

   A well-drafted will and estate plan will ensure partners in a common-law marriage inherit each other’s assets and become the executors of estates.

3. Establish Joint Ownership

   Obtain joint ownership of bank accounts, retirement funds, and other assets to establish your claim in the relationship.

4. Craft Parenting Agreements

   Drafting a parenting agreement outlining rights and responsibilities pertaining to child custody & support will protect your child’s future. Creating parenting plans serves as a legal framework for decision-making and conflict resolution in case of separation.

5. Appoint Beneficiaries

   Appointing your common-law spouse as the beneficiary will guarantee their entitlement to your life insurance policies, retirement accounts, and other financial instruments in the event of your death.

6. Assign Power of Attorney

   Designating a common law marriage spouse as your legal agent through a power of attorney will give them the authority to make financial & medical decisions on your behalf if you become legally incapacitated.

Are Common Law Marriages Same as Domestic Partnerships?

No - common law marriages are not the same as domestic partnerships. While the former is not awarded in California, the latter is a state-recognized alternative to traditional marriage. It must be remembered that even domestic partners don't have the same rights as married spouses, but they do have certain entitlements.

To register as domestic partners in California, you and your partner must:

1. Be at least 18 years old
2. Share the same residence
3. Agree to be jointly responsible for each other’s basic living expenses
4. Not be married to someone else or be in a different domestic partnership
5. Not be related to blood

Legal Rights Under a Domestic Partnership

Domestic partnership can be the ideal solution if you and your partner do not wish to get married but want some of the benefits accorded under marriage. You don’t have to undergo a ceremony, but you still need to file paperwork to receive the benefits, which are:

1. Right to adopt children
2. File taxes jointly in California
3. Right to hospital & jail visitations
4. Right to family & bereavement leaves
5. Right of inheritance

What Should You Know if You Are Considering a Common Law Marriage in California?

Couples seeking protection under a common law relationship must remember that they may not be entitled to the same legal rights as married couples. For instance, a couple who met common law marriage requirements in another state before moving to California have similar rights to child custody, child support, spousal support, and property division. Thus, it’s important to know your rights and responsibilities in the event of separation.

If you are facing an issue related to common-law marriage in California, reach out to Jos Family Law for help. We will understand your situation and help you overcome any family law challenge you are facing.

Contact the Law Offices of Jos Family Law

If you have questions regarding common law marriages, traditional marriage, domestic partnership, or any other aspect of family law, it’s important to obtain legal counsel from an experienced family law attorney. At Jos Family Law, we can help you understand your rights and obligations so you can make prudent decisions about your future. Contact us today to schedule a consultation.

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