Does California Recognize Common Law Marriage?
Quick Answer: No. California has not recognized common law marriage formed inside the state since 1895. No matter how long you live together, you are not legally married without a license and a ceremony under Family Code section 300. California will honor a valid common law marriage formed in another state, and unmarried partners have other ways to protect themselves.
It is one of the most common myths in California family law: live together long enough and you are automatically married. You are not. Understanding that, and what actually protects an unmarried partner, matters most when there are assets involved. Call The Geller Firm at (415) 840 0570 to speak directly with Attorney Michael Geller.
What Is Common Law Marriage?
In the handful of states that allow it, a common law marriage forms when a couple lives together and holds themselves out as married, without a license or ceremony. People often assume a magic number of years, usually seven, turns cohabitation into marriage. That seven year rule is a myth, and in California the entire concept does not apply.
California's Rule Under Section 300
Family Code section 300 defines marriage as a civil contract that requires the consent of the parties, followed by a license and a solemnization ceremony. Consent alone is not enough. California abolished common law marriage in 1895, so no amount of time living together, sharing bills, raising children, or calling each other spouses creates a marriage here. Without the license and the ceremony, you are legally unmarried.
The Out of State Exception Under Section 308
There is one important exception. Family Code section 308 says California recognizes a marriage that was valid where it was formed. So if a couple created a valid common law marriage in a state that allows it, then moved to California, California treats them as married. The exception is about honoring another state's valid marriage, not creating one here.
What Protections Do Unmarried Couples Have?
Being unmarried does not leave you with nothing. California offers several separate paths:
• Marvin claims. Unmarried partners can enforce express or implied agreements about property and support, a topic we cover in our post on Marvin v. Marvin.
• Putative spouse doctrine. Under Family Code section 2251, a partner who genuinely and reasonably believed they were married may receive quasi marital property rights.
• Registered domestic partnership. Registering under Family Code section 297 provides nearly all the rights of marriage.
• Cohabitation and property agreements, which let partners define their financial rights in writing before disputes arise.
Why This Matters for Couples With Assets
The stakes are highest for long term couples with real wealth. If you never married, there is no automatic community property and no automatic spousal support, no matter how long you were together or how intertwined your finances became. Partners who want protection have to build it deliberately, through an agreement, a registered partnership, or marriage itself.
Frequently Asked Questions
We have lived together 15 years. Am I entitled to half of everything?
Not automatically. Without a marriage, a registered partnership, or an enforceable agreement, there is no community property right that arises from cohabitation alone.
Does having children together or a joint bank account create a marriage?
No. Neither one creates a marriage in California. They may affect child support or specific property, but they do not make you spouses.
How do I protect myself if we do not want to marry?
Consider a written cohabitation or property agreement, or a registered domestic partnership, so your financial rights do not depend on a status the law will not recognize.
Speak With a California Family Law Attorney
If your financial life is tied to a partner you never married, the time to protect yourself is before a dispute, not after. The Geller Firm helps unmarried partners across the Bay Area understand and secure their rights. You will speak directly with Attorney Michael Geller, in person or virtually. Call (415) 840 0570 or reach us through gellerfirm.com to schedule a confidential consultation.