Introduction: Quick truth before we begin
In California, living together does not create a marriage. There is no seven‑year rule, and there is no way to form a common law marriage in California inside the state. If you want the legal status of marriage here, you must get a license, have a ceremony with an authorized officiant, and file the signed license. If you formed a valid Common Law Marriage California in another state that allows it, California can recognize that marriage after you move. If you have never married, you can still protect each other with clear agreements, a domestic partnership, and estate planning. This long guide explains the rules in plain English, cuts through myths, and shows practical steps you can take now.
What is common law marriage?
Common law marriage is a legal marriage created without a license or ceremony in jurisdictions that allow it. Couples usually must live together, intend to be married now, and present themselves publicly as spouses. When those elements are met in those states, the marriage is valid for most legal purposes.
Key points:
- It is not the same as cohabitation.
- It is not the same as being engaged.
- It depends on state‑specific rules.
Common law marriage in California: Does it exist in‑state?
No. There is no way to form a common law marriage in California by living together, even for decades. You can share a home, raise children, own property, and call each other husband and wife, but without a license, ceremony, and proper filing, you are not married under California law. There is no “seven‑year relationship law” in California. Time together does not change your legal status.
Why the “7‑year rule” is a myth
The seven‑year idea comes from old stories and from confusion about states that once weighed time together as part of common law marriage rules. California ended recognition of in‑state common law marriage in the 19th century and has required formal steps ever since. So, how many years is common law been in California? Zero. The answer is always zero.
How legal marriage is created in California
To be legally married here:
- Both partners appear at the county clerk for a marriage license (public or confidential).
- Provide valid government photo IDs and required information.
- Have a ceremony officiated by someone authorized by California law.
- Ensure the license is completed, signed, and returned for registration by the deadline.
If any of those steps are missing, the marriage is not formed in California. This is the single safest path to spousal rights like community property and spousal support.
When does California recognize a common law marriage?
California can recognize a marriage that was valid where it was formed. If you formed a common law marriage in a state that allows it, such as Texas, Colorado, Iowa, Kansas, Montana, South Carolina, Utah, and certain limited situations in New Hampshire, and you met that state’s elements at that time, California can honor your marriage when you move here. The burden is on you to prove the marriage was valid in the origin state.
What proof helps show an out‑of‑state common law marriage?
You do not need every item on this list, but consistent proof is powerful. Gather records from the time you lived in the common‑law state.
Evidence checklist:
- Joint tax returns marked “married” for origin‑state years.
- Property deeds, leases, and mortgages naming each other as spouses.
- Insurance and benefit records listing a spouse (health, life, auto).
- Bank accounts, credit accounts, or loans in both names as spouses.
- Wills, beneficiary forms, and retirement designations naming “spouse.”
- Affidavits or declarations from friends, family, clergy, or community confirming you held yourselves out as married.
- Any origin‑state court order or administrative record that recognized the marriage.
What California looks for when recognizing an out‑of‑state common law marriage
| Factor | What it means | Practical proof ideas |
|---|---|---|
| Intention to be married | You both agreed you were married in the origin state | Statements, affidavits, written agreements, text/email confirmations |
| Cohabitation in the origin state | Lived together there as a couple | Leases, bills, mail addresses, driver records |
| Holding out as spouses | Told the community you were married | Invitations, social media posts, church or club records |
| Capacity and exclusivity | Legal age, no existing spouse | Prior divorce decrees, ID documents |
What happens after California recognizes your out‑of‑state marriage?
Once California accepts that your marriage was valid where formed:
- You are treated as married for state law purposes.
- Community property rules apply to income and assets acquired while domiciled in California going forward.
- You can file for divorce here after residency requirements are met.
- You may seek spousal support, property division, and other family‑law remedies just like any other married couple.
- You should update HR files, insurance, tax status, and beneficiary designations to show married status for consistency.
Important notes for movers
- Recognition is about the origin state. You must meet that state’s elements during the time you lived there.
- If the origin state requires a court declaration for clarity, consider obtaining one before or soon after relocating.
- Keep a “marriage proof folder” with copies of tax returns, deeds, insurance, bank statements, and statements from community members.
Common law marriage, California vs. cohabitation
Cohabitation in California is simply living together. It does not create spousal rights. You can protect each other through agreements, domestic partnerships, and careful planning.
California marriage vs. California cohabitation
| Topic | Legal marriage | Unmarried cohabitation |
|---|---|---|
| How created | License, ceremony, filing | No automatic status |
| Property rights | Community property system | Title, contract, and equity rules |
| Support | Spousal support is possible by court order | No automatic support; contract‑based claims only |
| Inheritance without a will | Statutory spousal share | No automatic share; must plan documents |
| Benefits | Broad recognition as “spouse” | May need domestic partnership or plan‑specific approval |
Domestic partnership in California
A registered domestic partnership can provide many state‑level rights similar to marriage. Some employers extend benefits to domestic partners. This route can make sense for couples who do not wish to marry but want a clear legal status for certain decisions. Consider:
- Registration steps and eligibility.
- Benefit rules for your workplace plans.
- Tax treatment for state and federal purposes.
- Whether you also need a cohabitation agreement for property and support terms.
Marvin agreements: contracts for unmarried partners
Because common law marriage in California cannot be formed in‑state, California courts allow unmarried partners to make and enforce agreements about property and support. These are often called Marvin agreements (based on the landmark case name) or cohabitation agreements. They are enforced in civil court under contract and equity principles.
What a Marvin agreement can cover
- Property ownership, contributions, and future division rules.
- Expense‑sharing for rent, mortgage, utilities, and childcare.
- Support promises during the relationship or after a breakup.
- Business and intellectual property ownership.
- Confidentiality and non‑disparagement terms.
- Dispute resolution (mediation, arbitration).
- Attorney fees and choice of law/venue.
Best practices for enforceability
- Put the terms in writing and sign them.
- Disclose assets, debts, and income.
- Avoid vague promises; be specific about amounts, time frames, and events that trigger payments or buyouts.
- Use independent counsel for each partner.
- Keep records of payments and contributions.
- Update after major life events (home purchase, child, business).
Sample clause ideas you can tailor with counsel
- Property: “Any property purchased during our relationship shall be titled as tenants in common in the percentages listed in the property schedule, unless the parties sign a new schedule.”
- Support: “If the relationship ends after at least four years of cohabitation, Partner A agrees to pay Partner B support of X per month for up to Y months, subject to earlier termination upon Partner B’s remarriage or cohabitation.”
- Buyout: “If either party wishes to keep the residence after separation, that party shall pay the other the appraised equity share within 120 days.”
Palimony explained
Palimony is not a statute; it is a nickname for support or property relief awarded under contract or equitable claims between never‑married partners. It is not the same as spousal support. Success depends on proving a valid agreement or facts that justify equitable relief. Clear written terms, contribution records, and consistent financial behavior improve outcomes.
Cohabitation and post‑divorce spousal support
If you were married, divorced, and have a spousal support order, cohabitation with a new partner can be used to request a support change based on reduced need. This is different from palimony. These requests are handled in family court and focus on evidence of shared residence, shared expenses, and financial interdependence.
Action plans
Action plan A: You want full spousal rights in California
- Schedule a county clerk appointment and decide between a public or confidential license.
- Bring valid IDs and any name change plans.
- Arrange an authorized officiant and ceremony.
- File the signed license on time.
- Update benefits, tax records, and beneficiary forms.
Action plan B: you formed a common law marriage in another state and moved to California
- Gather proof from the origin state: taxes, deeds, insurance, bank records, and statements that show you held out as married.
- Keep a digital folder and hard copies.
- If needed, obtain a declaration from the origin state court confirming the marriage.
- Update records in California to reflect married status.
- If separating, file here once residency is met, and be ready to show origin‑state validity first.
Action plan C: You live together in California, but are not married
- Draft a Marvin/cohabitation agreement that covers property, expenses, and support promises.
- Keep contribution logs and receipts.
- Coordinate estate planning: wills, trusts, powers of attorney, and beneficiary designations.
- Consider a registered domestic partnership if it suits your goals and benefit plans.
- Revisit documents after major events.
Risk checklist: common mistakes to avoid
- Assuming common law marriage in California exists after seven years.
- Buying property together with an unclear title and no written agreement.
- Mixing finances without a plan or records.
- Skipping estate planning and leaving a partner unprotected.
- Waiting too long after a breakup to pursue contract claims.
- Relying on verbal promises that are hard to prove later.
Case studies
Case study 1: long‑term LA cohabitants, no marriage
A couple lives together for 12 years, buys furniture and a car, and pays down a mortgage titled to one partner. They separate. Because there is no common law marriage in California, there is no automatic community property division or spousal support. The partner off‑title must rely on contract, equity, and proof of contributions. A prior cohabitation agreement would have set clear expectations and buyout terms, avoiding a dispute.
Case study 2: Texas common law couple relocates to San Diego
Two partners satisfied Texas elements, filed joint “married” taxes in Texas, and presented themselves as spouses. They moved to California. California can recognize the marriage because it was valid where formed. If they later divorce, the court first confirms the Texas marriage, then applies California rules for support and property division, including community property for California‑time earnings.
Case study 3: post‑divorce support and new cohabitation
A divorced spouse receiving support moves in with a new partner. The payor files to reduce support by showing cohabitation and decreased need. The court reviews evidence of shared residence and finances. This process is about modifying an existing order, not about common law marriage.
Comparison: Marriage, domestic partnership, cohabitation agreement
| Topic | Marriage | Domestic partnership | Cohabitation/Marvin agreement |
|---|---|---|---|
| Legal status | Full spousal status | State‑level status, employer‑dependent benefits | Contract only |
| Creation | License, ceremony, filing | Registration with the state | Signed contract |
| Property on breakup | Community property rules | Similar in many areas | Terms of contract, title, equity |
| Support | Spousal support possible | Partner support may be available under state rules | Palimony only if contract/equity proven |
| Taxes | Federal and state married filing options | Varies for federal; state often recognizes | Separate returns unless another status applies |
| Portability | Nationwide recognition | Varies outside CA | Contract recognition varies by law and forum |
Conclusion: your clear path forward
- If you want spousal rights under California law, the sure path is to marry with a license, ceremony, and proper filing.
- If you formed a valid common law marriage in another state, gather proof and keep it organized so California can recognize your status.
- If you live together in California without marriage, use a cohabitation (Marvin) agreement, consider a domestic partnership, and complete your estate planning.
- Do not rely on the seven‑year myth. It does not exist here.
- Put your plan in writing now so you are protected later.
Does California have common law marriage?
No. California does not recognize common law marriage by living together or holding oneself out as a spouse. A license, a ceremony, and filing are required.
Does California recognize common law marriages from other states?
Yes, if the marriage was valid where it was formed, and you can prove it.
Is there a seven‑year rule in California?
No. Living together for any number of years does not create a marriage.
How do you get legally married in California?
Obtain a county marriage license, have an authorized ceremony, and file the signed license.
How many years is a common law marriage in California?
Zero. There is no time‑based path to marriage in this state.
When did California end common law marriage?
Creation of common law marriages in‑state ended more than a century ago; formal licensing has been required since.
What proof helps if we formed a common law marriage elsewhere?
Origin‑state records such as married tax returns, deeds or leases, insurance listing “spouse,” joint bank accounts, and sworn statements from people who knew you as a married couple.
Can we divorce in California if our marriage was common law in another state?
Yes, once residency is met and the out‑of‑state marriage is first shown to be valid.
What are the options for unmarried cohabitants in California?
Use a cohabitation (Marvin) agreement, consider registering a domestic partnership, title property intentionally, and complete estate planning.
What is palimony in California?
Contract‑ or equity‑based support for an unmarried partner after breakup, available only if an agreement or qualifying facts are proven.
Disclaimer
This article offers general legal information about common law marriage in California as of 2025. It is not legal advice. Speak with a qualified professional for guidance on your specific facts.
