Does California Recognize Common Law Marriage? Myths, Rights, and Legal Options Explained

As a family law attorney, I find that many people are misinformed about California family law. Perhaps one of the most common misconceptions I come across is regarding “common law marriage.” I have heard people say that they are married by “common law” because they have been living together for a certain number of years. I would like to clear up this misconception once and for all and state that in California, there is no “common law marriage.”

This article aims to clarify the myths surrounding common law marriage, explain the legal requirements for marriage in California, explore the rights of unmarried couples, and address related misconceptions like “common law divorce.” We’ll also discuss how California handles out-of-state common law marriages and provide guidance on protecting your rights as an unmarried couple. For personalized advice, contact the experienced attorneys at Reape Rickett to navigate complex family law matters.

Understanding Common Law Marriage Myths

The notion of common law marriage often stems from the belief that living together for a specific period, commonly thought to be seven years, automatically grants couples the same legal status as married spouses. This is a widespread myth, particularly in California, where no such law exists. Let’s explore why this misconception persists and what the law says.

Why the “Seven-Year Myth” Persists

The idea that cohabiting for seven years creates a common law marriage likely originates from states where common law marriage is recognized, such as Texas or Colorado. However, California does not acknowledge common law marriage under any circumstances, regardless of how long a couple has lived together. This misunderstanding can lead to significant legal and financial consequences, especially when it comes to property rights and support obligations.

Legal Definition of Marriage in California

The California Family Code defines marriage as “a personal relation arising out of a civil contract between two persons, to which the consent of the parties capable of making that contract is necessary. Consent alone does not constitute marriage. Consent must be followed by the issuance of a license and solemnization …” Therefore, no marriage can be created merely by the parties giving consent or by the parties cohabiting for a certain number of years. For a marriage to be valid, the parties must have a valid marriage license.

To break this down further, California Family Code Section 300 outlines the requirements for a valid marriage:

• Civil Contract: Marriage requires a formal agreement between the parties, typically documented through a marriage license.
• Consent: Both parties must willingly agree to enter the marriage.
• Marriage License: A license must be obtained from a county clerk’s office.
• Solemnization: The marriage must be formalized through a ceremony, which can be performed by an authorized officiant (e.g., a judge, clergy member, or notary public).

These requirements ensure that marriages are legally recognized and recorded, providing clarity for property division, spousal support, and other rights. For help understanding marriage requirements or resolving disputes, explore our marriage and divorce services at Reape Rickett.

Rights of Unmarried Couples in California

This means that cohabiting persons do not share the same rights as married persons concerning property and spousal support. Cohabiting parties may have a claim to support as a civil action, but there is no remedy in family law. Additionally, property acquired during the marriage by married persons will generally be community property, but that is not necessarily the case for cohabiting persons. If you have lived with your partner for twenty years and your partner acquired cars, a home, a pension, retirement plans, etc., during your relationship, if you are not married, you may not have a right to any of those assets.

Community Property vs. Cohabitation

In California, community property refers to assets and debts acquired during a marriage, which are typically divided equally upon divorce. For example, a home purchased during a marriage is considered community property, and both spouses have an equal claim to it. However, for unmarried couples, property acquired during the relationship is generally considered separate property, belonging to the individual who purchased it, unless there’s a written agreement stating otherwise.

Palimony and Cohabitation Agreements

Unmarried couples may pursue palimony, a form of financial support similar to spousal support, but it’s not guaranteed under family law. The landmark case Marvin v. Marvin established that cohabiting partners could claim support or property rights based on an implied or express contract. For instance, if one partner supported the other financially with an agreement to share assets, they might have a claim in civil court. However, these cases are complex and require strong evidence.

To protect their interests, unmarried couples can create cohabitation agreements, legally binding contracts that outline property division, financial support, or other arrangements. These agreements can prevent disputes if the relationship ends. For assistance drafting or enforcing a cohabitation agreement, contact Reape Rickett’s family law attorneys.

Domestic Partnerships as an Alternative

California recognizes domestic partnerships for both same-sex and opposite-sex couples, offering many of the same legal rights as marriage, including community property and spousal support. To qualify, partners must register with the state and meet specific criteria, such as being over 18 and sharing a residence. Domestic partnerships provide a legal framework for unmarried couples to secure rights without marriage, but the process and implications differ.

Child Custody and Support for Unmarried Couples

For unmarried couples with children, California law ensures that both parents have equal rights to custody and support obligations, regardless of marital status. Courts prioritize the child’s best interests when determining custody arrangements or child support payments. However, without a formal agreement, disputes can arise. For guidance on child custody or child support, consult Reape Rickett’s experienced attorneys.

The Myth of “Common Law Divorce”

Another misconception I have heard is that there is a “common law divorce.” It does not matter how long a husband and wife have been separated or how many years they have lived apart; they are not divorced until the court has terminated their marital status.

In California, a legal divorce requires a court process, including filing a petition, serving papers, and obtaining a final judgment. Separation, even for decades, does not dissolve a marriage. Couples must navigate the divorce process to terminate their marital status and address issues like property division and spousal support. For help with divorce proceedings, reach out to Reape Rickett’s divorce attorneys.

Out-of-State Common Law Marriages

However, a lawful common law marriage from a jurisdiction that does recognize common law marriages is recognized in California. The court determines the validity of the marriage by looking at the laws of the jurisdiction where the marriage takes place.

For example, states like Texas, Colorado, and Iowa recognize common law marriage if specific criteria are met, such as cohabitation, mutual intent to be married, and holding oneself out as married. Suppose a couple establishes a valid common law marriage in one of these states and later moves to California. In that case, California courts will generally recognize it, granting the couple the same rights as a formally married couple. This includes access to community property and spousal support rights. However, proving a common law marriage can be complex, requiring documentation or witness testimony. Consult Reape Rickett for assistance with out-of-state marriage issues.

How to Protect Your Rights as an Unmarried Couple

Property rights and support obligations for unmarried individuals are complex topics that should be discussed with a family law attorney. To safeguard your interests, consider the following steps:

• Create a Cohabitation Agreement: Outline how property, debts, and support will be handled if the relationship ends. This can include provisions for homes, cars, or retirement accounts.
• Register as Domestic Partners: Gain legal protections similar to marriage, including community property rights and access to health benefits.
• Document Financial Contributions: Keep records of contributions to shared assets (e.g., mortgage payments) to support potential palimony or property claims.
• Consult a Family Law Attorney: An attorney can help draft agreements, register domestic partnerships, or navigate disputes. Schedule a consultation with Reape Rickett to explore your options.

Frequently Asked Questions About Common Law Marriage in California

Does California recognize common law marriage?

No, California does not recognize common law marriage, regardless of how long a couple has lived together. Marriage requires a valid license and solemnization per California Family Code Section 300.

What rights do unmarried couples have in California?

Unmarried couples do not have automatic rights to community property or spousal support. However, they may pursue palimony claims in civil court or create cohabitation agreements to define property and support rights. Domestic partnerships offer additional protections.

How do I get a marriage license in California?

To obtain a marriage license in California, couples must apply in person at a county clerk’s office, provide valid identification, and pay a fee of $45–$100, depending on the county. Within 90 days, they must complete a solemnization ceremony conducted by an authorized officiant, such as a judge or clergy member. Contact your local county clerk or Reape Rickett’s family law attorneys for guidance.

Can I claim property if I’m not married in California?

Property acquired during cohabitation is generally considered separate property, belonging to the individual who purchased it. However, a cohabitation agreement or palimony claim (e.g., under Marvin v. Marvin) may allow you to claim shared assets. Consult a family law attorney for advice.

How does California treat out-of-state common law marriages?

California recognizes valid common law marriages from states like Texas or Colorado, provided they meet the originating state’s legal requirements. Courts evaluate the marriage’s validity based on that state’s laws.

What is a domestic partnership in California?

A domestic partnership is a legal relationship for unmarried couples, offering rights similar to marriage, such as community property and spousal support. Couples must register with the state.

How can unmarried couples protect their assets in California?

Unmarried couples can protect their assets by drafting a cohabitation agreement to define property division, registering as domestic partners for legal protections similar to marriage, and keeping records of financial contributions to shared assets. For assistance, contact Reape Rickett’s family law attorneys.
Navigating the complexities of California family law, from marriage requirements to cohabitation rights, can be challenging. Whether you’re addressing a common law marriage myth, seeking a cohabitation agreement, or exploring domestic partnership options, the experienced attorneys at Reape Rickett are here to help. Schedule a consultation today to protect your rights and secure your future. Visit Reape Rickett or call us to discuss your family law needs.