Common Law Marriage in California: Legal Requirements and Exceptions

Many people assume that living together for a certain number of years automatically creates a common law marriage, but the truth is more complex—especially in California.

If you’re in a long-term relationship and wondering about your legal rights, it’s essential to understand how common law marriage works in California, what’s recognized, and what your options are if you’re not legally married.

What Is Common Law Marriage?

Common law marriage is a legal concept where a couple is considered married without a formal ceremony or marriage license, based on the nature and length of their relationship. Requirements for common law marriage typically include:

• Living together for an extended period
• Presenting yourselves as a married couple
• Intent to be legally recognized as married
• Some U.S. states still recognize this form of union, but California is not one of them.

Is Common Law Marriage Legal in California?

No, California does not recognize common law marriages, regardless of how long a couple has lived together or how committed they are. This means that simply cohabiting—even for many years—does not grant you the legal rights of a married couple.

In California, if you want to be legally married, you must obtain a marriage license and have a valid ceremony performed by an authorized officiant.

The Major Exception: Out-of-State Common Law Marriages

While California doesn’t allow residents to establish a new common law marriage, the state does recognize valid common law marriages that were created in other states—as long as the relationship meets that state’s requirements.

For example, if you legally formed a common law marriage in Texas or Colorado, and then moved to California, your marriage would still be considered valid under the Full Faith and Credit Clause of the U.S. Constitution.

To prove your out-of-state common law marriage in California, you may need:

• Affidavits or declarations showing mutual intent to be married
• Joint financial documents (bank accounts, leases, tax returns)
• Evidence of holding yourselves out as spouses in that state

Legal Rights for Unmarried Couples in California

If you’re not legally married, you don’t receive the same rights that married couples enjoy, such as:

• Community property rights
• Spousal support (alimony)
• Automatic inheritance without a will
• Access to partner’s health care or insurance
• Next-of-kin status for medical decisions
• However, unmarried couples can still protect themselves legally by creating:
• Cohabitation agreements: similar to prenups but for non-married partners
• Power of attorney: for medical or financial decision-making
• Wills and estate plans: to ensure property goes to your partner
• Joint ownership agreements: for property, vehicles, or businesses

What About Domestic Partnerships?

California offers domestic partnerships as an alternative to marriage for both same-sex and opposite-sex couples. Registered domestic partners receive many of the same legal rights as married couples under state law.

To qualify, both partners must:

• Be over 18
• Share a common residence
• File a Declaration of Domestic Partnership with the California Secretary of State

Keep in mind, domestic partnerships do not grant federal benefits and are not recognized the same way in other states.

Conclusion

In California, common law marriage is not legally recognized, no matter how long you’ve lived together. If you want legal protections similar to marriage, you’ll need to either formally marry, register a domestic partnership, or create a comprehensive set of legal agreements.

For couples moving from states where common law marriage is valid, California will recognize your union, but you must be prepared to provide proof.

Understanding your relationship status under California law is crucial—especially when it comes to property, medical care, and long-term planning

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