If a couple has been living together for a significant amount of time, then they are considered to be “married in the eyes of the law.” This is a common misconception. However, the situation is somewhat different in the state of California. If you are in a long-term relationship and are searching for information regarding your legal rights, it is essential that you have a thorough understanding of what the law in California actually says about common law marriage, its exceptions, and the legal choices available to you if you are not legally married.
What Is Common Law Marriage?
A common law marriage is a legal notion in which a couple is regarded legally married based on how they live and show themselves. This is in contrast to a marriage license or ceremony, which are both required for marriage. Although the specific regulations differ from state to state, common law marriage often necessitates the following:
- Living together for an extended period
- Presenting yourselves as a married couple
- Mutual intent to be legally recognized as married
Several states still allow couples to form common law marriages, but California does not.
Is Common Law Marriage Legal in California?
No. California does not recognize common law marriages. No matter how long you’ve lived together or how committed you are, cohabitation alone does not give you the legal status of a married couple in California.
To be legally married in California, you must:
- Obtain a valid marriage license
- Have a marriage ceremony conducted by an authorized officiant
Living together—even for decades—doesn’t grant automatic spousal rights like community property, alimony, or inheritance.
The Major Exception: Out-of-State Common Law Marriages
There’s one important exception. If you entered into a valid common law marriage in a state that recognizes it, and then moved to California, your marriage will still be considered valid under the Full Faith and Credit Clause of the U.S. Constitution.
States That Recognize Common Law Marriage
Examples include:
- Texas
- Colorado
- Iowa
- Kansas
To prove your out-of-state common law marriage in California, you may need to provide:
- Affidavits or declarations showing mutual intent to be married
- Joint financial records, such as shared bank accounts or tax returns
- Evidence of public representation as a married couple
Once validated, your common law marriage will carry the same legal weight as a traditional marriage in California.
Legal Rights for Unmarried Couples in California
Unmarried couples in California do not automatically receive the legal rights that married couples enjoy. These include:
- Community property rights
- Spousal support (alimony)
- Automatic inheritance without a will
- Next-of-kin status for healthcare decisions
- Health insurance access through a partner’s plan
How Unmarried Couples Can Protect Themselves
If you’re not legally married, you can still protect your relationship with legal agreements:
- Cohabitation agreements – outline rights and responsibilities during and after the relationship
- Powers of attorney – designate each other for medical or financial decisions
- Wills and estate planning – ensure your partner inherits property
- Joint ownership agreements – for shared property, vehicles, or business interests
What About Domestic Partnerships?
California offers registered domestic partnerships for both same-sex and opposite-sex couples as an alternative to marriage. These partnerships provide many of the same legal protections as marriage under state law.
Requirements for Domestic Partnership in California:
- Both partners must be over 18
- Must share a common residence
- Must file an official Declaration of Domestic Partnership with the California Secretary of State
Summary
In summary:
- Common law marriage is not recognized in California.
- Long-term cohabitation does not grant you marital rights.
- Out-of-state common law marriages may still be valid if they meet that state’s legal requirements.
- Unmarried couples can protect themselves through legal documents and agreements.
- Domestic partnerships are an option but come with limitations.
If you’re in a committed relationship in California and want legal protections similar to marriage, the safest options are to formally marry, register a domestic partnership, or draft legal agreements that define your rights.
Understanding your legal status is essential—especially when it comes to healthcare, property rights, and long-term planning.
