Let’s be real for a second. You’ve probably heard it from a friend, a neighbor, or some random person on a message board: "If you live together for seven years, you’re basically married in the eyes of the law."
It sounds like one of those convenient "life hacks" for people who want the benefits of a spouse without the hassle of a wedding or a trip to the courthouse. But in California? It’s a complete myth.
The short answer is a flat no. California does not have common law marriage. You could live together for 50 years, raise six kids, and share a bank account, but the state will still view you as two legal strangers unless you’ve actually gone through the formal process of getting a license and having a ceremony.
The 1895 Rule and Why It Matters Now
California actually used to allow common law marriage. But the state legislature killed it off way back in 1895. That’s over 130 years ago. No one living in the state today has been "grandfathered in" to a California-grown common law marriage.
Lawmakers back then wanted a public record. They didn't want judges guessing who was married based on who shared a bed or bought groceries together. They wanted a paper trail.
Because of this, California Family Code § 300 is very specific. It says marriage is a civil contract that requires:
- Consent from both parties.
- A marriage license issued by the county.
- Solemnization (a ceremony) performed by an authorized person.
Without those three things, you’re just roommates who happen to be in love.
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The One Big Loophole: Moving from Another State
Here is where it gets kinda tricky. While you can't start a common law marriage while living in California, the state might recognize one if you started it somewhere else.
This is thanks to the Full Faith and Credit Clause of the U.S. Constitution. Basically, if your marriage was legally valid in the state where it began, California has to respect that.
If you lived in Texas, Colorado, or Iowa—states that still allow common law marriage—and you met their specific requirements (like "holding yourself out" as married), California will generally treat you as a married couple once you cross the border.
But don't think it's automatic. You'll need proof. We’re talking:
- Joint tax returns filed in that previous state.
- Shared insurance policies where one is listed as a spouse.
- Testimony from friends or family who knew you as a married couple in that state.
What About "Palimony" and the Marvin Claim?
Since California doesn't recognize common law marriage, does that mean you’re totally screwed if you break up after 20 years? Not necessarily.
There’s a famous case from 1976 called Marvin v. Marvin. It involved actor Lee Marvin and his long-term partner, Michelle Triola. She sued him for half of what they earned while they were together.
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The court basically said: "Look, they aren't married. But they did have an agreement."
In California, this is known as a Marvin Claim. It’s not a divorce. It’s a breach of contract case. If you can prove there was an express or even an implied agreement to share property or support one another, the court might actually step in.
It is incredibly hard to prove. Without a written "Cohabitation Agreement," you're stuck trying to prove what was said over dinner a decade ago. It’s messy. It’s expensive. And honestly? It’s a headache you want to avoid.
The Putative Spouse Doctrine: When You Think You're Married
Sometimes, people honestly believe they are married when they aren't. Maybe your "officiant" wasn't actually licensed. Maybe your previous divorce wasn't actually finalized when you said "I do" again.
In these cases, California uses the Putative Spouse Doctrine.
If at least one person had a "good faith belief" that the marriage was valid, the court can treat them as a "putative spouse." This allows for the division of property (called quasi-marital property) and sometimes even spousal support. But this only applies if there was an actual attempt at a legal marriage. Simply living together doesn't count.
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Better Alternatives for Californians
If you don't want to get "married" in the traditional sense but want protection, you've got a couple of solid options:
1. Registered Domestic Partnerships (RDP)
Since 2020, this isn't just for same-sex couples or seniors anymore. Any two adults over 18 can register a domestic partnership with the Secretary of State.
- The Upside: You get almost all the state-level benefits of marriage, like community property rights and hospital visitation.
- The Downside: The federal government (the IRS and Social Security) usually doesn't recognize it. You won't get those federal tax breaks.
2. Cohabitation Agreements
Think of this as a "pre-nup for people who aren't getting married." You sit down and write out exactly who owns the house, how the bank accounts are split, and if anyone gets "support" if things go south. It’s a contract. Courts in California actually respect these because they love clear evidence.
What This Means for Your Future
If you’re living with your partner and haven't tied the knot, you need to understand the risks.
If one of you dies without a will, the surviving partner gets nothing under California’s intestacy laws. The house, the car, and the savings could all go to the deceased person's parents or siblings instead of the partner they lived with for decades.
Medical emergencies are another nightmare. Without a Power of Attorney, you might not even be allowed in the hospital room, let alone be the one making medical decisions.
Actionable Next Steps:
- Draft a Will or Trust: If you want your partner to inherit anything, you must put it in writing.
- Sign a Power of Attorney: Ensure you can both make medical and financial decisions for each other.
- Check Your Titles: If you bought a house together, make sure both names are on the deed as "joint tenants" so the property passes to the survivor automatically.
- Consider an RDP: If you want community property rights without the "wedding," register with the Secretary of State.
California is a "contract" state. If you don't have the marriage contract, you need to build your own safety net using other legal tools. Waiting for a "common law" status that doesn't exist is a gamble you’re likely to lose.