Common Law Marriage in California: Legal Alternatives You Should Know

Introduction: Think You’re “Common Law” Married in California? Think Again.

Jenna and Mark had been living together in Los Angeles for over 12 years. They shared a home, raised a dog, combined their finances, and even introduced each other as “husband” and “wife.” When they broke up, Jenna assumed she’d have the same legal protections as a married spouse—but to her surprise, she didn’t. Why? Because California doesn’t recognize common law marriage.

This misconception affects thousands of couples across the state. If you’re living with a partner long-term and think you’re automatically granted spousal rights—read on. We’ll explain what common law marriage really means, why California doesn’t allow it, and what legal alternatives you can use to protect yourself and your partner. By the end, you’ll know how to make smart, informed choices under California family law.

What is Common Law Marriage?

Common law marriage is a type of informal marriage where a couple is considered legally married—without a wedding license or formal ceremony—simply because they’ve lived together for a long time and act like they’re married.

In states that allow it, the couple must usually meet certain criteria, such as:

• Living together for a certain number of years
• Presenting themselves as married to others
• Sharing finances and a household
• Intending to be married

But here’s the key: California does not recognize common law marriage, regardless of how long you’ve been together.

Does California Recognize Common Law Marriage?

The simple answer is no. Under California law, you are either legally married or you are not. There is no in-between status, and cohabiting—even for decades—does not automatically grant you the legal rights of a spouse.

This might feel unfair, especially for couples deeply committed to each other. But the law is clear: unless you obtain a marriage license and complete a legal marriage ceremony, you are not considered married in California’s eyes.

However, there is one exception.

California will recognize a common law marriage if it was validly established in a state that does allow it. For example, if you and your partner were considered common law married in Texas, and then moved to California, your relationship may still be legally recognized under California law.

Why Doesn’t California Allow Common Law Marriage?

California believes that the legal process of marriage—obtaining a license, having a ceremony, and signing legal documents—is necessary to create clear, binding marital rights and responsibilities. Without these formalities, it becomes difficult for courts to determine property rights, financial obligations, or parental responsibilities.

In short, the state wants to avoid confusion and prevent fraud.

Legal Risks of Assuming a Common Law Marriage Exists

Assuming you’re in a common law marriage can be legally dangerous. Here’s what may happen if the relationship ends or one partner passes away:

• No spousal support (alimony) is granted
• No automatic inheritance if one partner dies without a will
• No right to property or assets purchased during the relationship
• No legal protections in medical emergencies

Even if you lived together for years, without a legal marriage or protective contracts, you could walk away with nothing.

Legal Alternatives to Common Law Marriage in California

While you can’t enter a common law marriage in California, you can still protect your rights and establish clear boundaries through other legal tools.

1. Cohabitation Agreements

Also known as a non-marital agreement, this is a legal contract between partners who live together. It outlines property ownership, financial responsibilities, and what happens if the relationship ends.

Think of it as a prenup for unmarried couples.

2. Domestic Partnership

California offers a registered domestic partnership as a legal alternative to marriage. This grants many of the same rights and responsibilities as marriage—like healthcare decision-making, inheritance rights, and tax benefits.

Domestic partnerships are especially useful for same-sex couples or those who want legal protection without a formal marriage.

3. Wills and Estate Planning

If one partner dies, the other may not inherit anything unless they’re listed in a will or trust. Creating an estate plan ensures your partner is legally protected after your death.

4. Power of Attorney and Medical Directives

Granting your partner medical power of attorney allows them to make healthcare decisions on your behalf. Without this, even a long-term partner could be barred from hospital rooms in emergencies.

Real-Life Example: When It Goes Wrong

Carlos and Stephanie lived together in San Diego for 15 years. They ran a business together, shared bank accounts, and bought a house. But they never married or created any legal contracts. When Carlos passed away unexpectedly, Stephanie discovered the house was solely in his name. Without a will or domestic partnership, she had no legal claim to their shared home, and Carlos’ estranged brother inherited everything.

A tragic outcome that could’ve been avoided with simple legal planning.

Do You Need a California Family Law Attorney?

If you’re in a long-term relationship and want to protect your future, a California family law attorney can help you:

• Draft a cohabitation agreement
• Register a domestic partnership
• Set up estate planning documents
• Provide clarity on property ownership

The goal isn’t just legal protection—it’s peace of mind.

Common Myths About Unmarried Couples in California

There are plenty of misconceptions floating around. Let’s bust a few:

• “If we’ve lived together for 7 years, we’re automatically married.”
  False. Time alone doesn’t matter in California. No legal recognition without marriage or formal contracts.
• “I’ll get half of everything if we break up.”
  Not unless you’ve created legal agreements or jointly own the property.
• “We share everything, so I’m entitled to his/her estate.”
  Not unless your name is in the will or you’re in a domestic partnership.

Understanding the truth behind these myths can save you from costly assumptions.

Conclusion: Protect Your Relationship Before It’s Too Late

While California doesn’t allow common law marriage, it does offer practical alternatives. Don’t wait for a breakup or tragedy to think about your rights. Whether you choose a cohabitation agreement, domestic partnership, or simple estate planning, legal clarity strengthens—not weakens—your relationship.

Remember: love may be unconditional, but legal rights are not. If you’re in a committed relationship without a marriage certificate, it’s time to talk to a California family law attorney to make sure you’re protected.