Kara Sears
California does not recognize common-law marriages within the state. This means that no matter how long a couple has cohabited or how committed their relationship is, they will not be considered legally married in California unless they go through the formal marriage process. However, California does recognize common-law marriages that were established in other states that recognize them. In such cases, couples may be considered legally married in California.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriages | California does not recognize common-law marriages contracted within the state. |
| Recognition of out-of-state common-law marriages | California recognizes common-law marriages from other states where it is recognized. |
| Legal alternatives to common-law marriage | Cohabitation agreements, domestic partnerships, and palimony claims. |
| Rights of unmarried couples | Unmarried couples have fewer rights than married couples. They must establish paternity of their children for them to inherit property and assets. They must also sign legal documents to access medical documents and tax benefits. |
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What You'll Learn
California does not recognize common-law marriages
Despite not recognizing common-law marriages, California will acknowledge such unions formed in other states or countries where it is legal. If a couple with a recognized common-law marriage from another state moves to California, they will still be considered legally married in their new state of residence. This is because California law states that if a marriage is valid in the location where it was formed, it will be recognized in California.
Unmarried couples in California do have certain rights, although they are not the same as those granted to married couples. Establishing a domestic partnership is one way for unmarried couples in California to obtain similar rights to married couples. This agreement is legally binding and offers the same rights as a marriage without the need for a marriage relationship.
Cohabitation agreements are another way for unmarried couples in California to protect their rights. These agreements establish the responsibilities of each partner and outline how assets will be divided in the event of a separation. While these agreements can help prevent disagreements, they do not carry the same weight as a marriage or domestic partnership.
It is important to note that the recognition and requirements for common-law marriage can change, and new laws may be enacted. Additionally, some states may recognize common-law marriages established before a specific date, even if they no longer allow new ones. The concept of palimony, or financial support after the end of a non-marital relationship, also exists in California, but it is based on contract law rather than family law.
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Common-law marriages in other states
California does not recognize common-law marriages as legal marriages. However, California will recognize common-law marriages that were created in states that do recognize them. This means that if a couple has a recognized common-law marriage in their state and they relocate to California, they may still be considered legally married.
As of 2025, only seven states recognize common-law marriages, plus the District of Columbia. These states include Alabama (if created before January 1, 2017), Florida (if created before January 1, 1968), and Georgia (if created before January 1). The Navajo Nation also permits common-law marriage and allows its citizens to marry through tribal ceremonial processes and traditional processes.
The recognition and requirements for common-law marriage can change, and new laws may be enacted. Additionally, some states may recognize common-law marriages that were established before a specific date, even if they no longer allow new common-law marriages. For example, Utah's recognition of common-law marriage is unclear. Government websites claim that common-law marriage does not exist in Utah, but other legal websites state that "non-matrimonial relationships" may be recognized as marriage within one year of the relationship ending.
It is important to note that common-law marriages are not federally recognized, and couples may not hold the same rights as those who are legally married. However, some states allow common-law married couples to file state taxes jointly, but they must file federal taxes separately.
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Rights of unmarried couples
California does not recognize common-law marriages formed within its borders. Common-law marriage refers to when a couple has lived together long enough to be considered legally married in the eyes of the state. While some US states do recognize common-law marriages, California ended this practice in 1895. However, California will recognize common-law marriages that were formed in other states or countries that legally recognize them.
Unmarried couples in California do not have the same rights as married couples, but they can establish similar rights through domestic partnerships and cohabitation agreements. Domestic partnerships are only recognized within California and are not federally recognized. This means that unmarried couples may still face challenges when trying to share federal employee benefits or accessing rights and protections in other states. Additionally, immigrants cannot achieve legal status in the US through domestic partnerships as they could through marriage. To establish a domestic partnership in California, both partners must be over 18, neither can be married or in another domestic partnership, and they must be able to consent to the relationship and not be related by blood.
Cohabitation agreements can help unmarried couples protect their rights and interests. These agreements outline arrangements for property division, support obligations, and other responsibilities in the event of a separation. Unmarried couples with children will have equal rights regarding their children, but matters of child custody and child support must be determined in court, and paternity must be established. If an unmarried couple owns property together, it will be divided equally upon separation.
Unmarried couples in California can also seek palimony, which refers to an agreement between partners who are not married to treat assets as community property or to provide lifetime support to one another. This type of agreement can be enforced even if both partners knew they were not legally married.
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Legal alternatives to common-law marriage
California ended common-law marriage in 1895 and does not recognise it. However, it does recognise common-law marriages that were established in states that permit it. If you have an official common-law marriage in another state, you need to provide the documentation from that state to have it accepted in California.
Domestic Partnership
Domestic partnerships are legally recognised relationships between two adults who share each other's lives intimately and in a committed relationship of mutual caring. In 2020, this was extended to both same-sex and opposite-sex couples. To establish a domestic partnership, fill out a domestic partnership form and submit a filing fee to the California Secretary of State's Office. Domestic partnerships offer many of the same legal benefits as marriage, including rights related to property, support claims, and parental responsibilities.
Cohabitation Agreements
These agreements establish the responsibilities of each partner and determine how assets will be divided in the event of a separation. They can also outline child custody rights and provide a smoother process for discussing property ownership and jointly owned accounts.
Palimony Claims
Unwed couples who are not putative spouses (because they never tried to get married) but had an agreement to treat assets like community property or promised lifetime support may enforce this agreement, and the type of support would be called palimony.
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History of common-law marriage in California
California does not recognize common-law marriages formed within the state. However, it does recognize common-law marriages that were formed in other states or countries that legally recognize such unions.
In the past, California did recognize common-law marriages. This changed in 1895, over a hundred years ago, when the state stopped honoring these unions. Today, California only recognizes traditional marriages and domestic partnerships. Domestic partnerships are legally binding agreements that offer couples the same rights as a married couple, but without the marriage relationship.
Common-law marriage describes when a couple has lived together long enough to be considered legally married by the state. While the requirements vary across states, common-law marriages typically involve couples who intend to be married and live together as such. They may share financial information and accounts, raise children together, act as a married couple to friends and family, share a home and special occasions, and even share the same last name.
Despite being considered married in some states, common-law married couples do not hold the same rights as those who are legally married. This is because common-law marriages are not federally recognized. While some states allow common-law couples to file state taxes jointly, they must file federal taxes separately.
In California, unmarried couples do not automatically have joint ownership of property or shared finances. They must establish joint ownership or put both their names on property deeds and accounts to be recognized. If an unmarried couple has children, they must also establish paternity to have equal rights and responsibilities for child support and custody.
Unmarried couples in California can also enter into cohabitation agreements, which establish the responsibilities of each partner and determine how assets will be divided in the event of a separation.
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Frequently asked questions
No, California does not recognize common-law marriages contracted within the state. California only recognizes common-law marriages if a couple with such a marriage in a state where it is legal moves to the state.
There is no set number of years. California does not recognize common-law marriage, so no amount of cohabitation will make a marriage legally valid in the state.
The "7-year rule" is a common misconception that if a couple lives together for seven years or more, they will be considered legally married. This is not true in California, as the state does not recognize common-law marriage.
The "10-year rule" refers to whether a marriage is considered long-term or short-term. If a couple has been in a legally recognized marriage for ten years or longer, it is considered long-term. This impacts aspects such as spousal support in the case of a divorce.
Unmarried couples in California can establish a domestic partnership or a cohabitation agreement to protect their rights. These options offer similar rights to married couples without the marriage relationship.
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