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Last Modified on Nov 05, 2026
California does not allow couples to establish a common-law marriage by living together. Seven years, ten years, or twenty years of cohabitation does not make an unmarried couple legally married in California.
Sharing a home, raising children, combining finances, or introducing each other as husband and wife does not change that rule. But the absence of a marriage does not answer every question about property ownership, agreements between partners, or parental rights.
There Is No Seven-Year Rule in California
A common misconception is that a couple becomes married after living together for a certain number of years. California has no such rule. Consent and cohabitation alone do not satisfy California’s requirements for a valid marriage. The Rutter Guide explains this distinction under Family Code section 300(a).
For example, suppose a couple lives together in Riverside for fifteen years, shares expenses, and has two children. Those facts do not establish a California marriage. Their separation may still involve significant property and parenting issues, but the length of the relationship does not turn the separation into a divorce.
What About a Common-Law Marriage Established in Another State?
California generally recognizes a common-law marriage validly formed in another jurisdiction that permits it. The question is whether the couple actually satisfied that jurisdiction’s applicable requirements—not simply whether they lived together. This is a separate issue under Family Code section 308 and does not allow couples to establish a common-law marriage through California cohabitation.
Do Unmarried Partners Automatically Divide Property Equally?
An unmarried relationship, by itself, does not create the marital community-property rights that arise from a valid marriage. A long relationship does not automatically entitle either partner to half of everything acquired while the couple lived together.
That does not mean one partner necessarily owns everything or the other has no claim. The analysis may involve ownership documents, agreements, and the basis for a claimed property interest. Those questions require review of the actual facts rather than an assumption that divorce rules apply.
What Is a Marvin Claim?
Unmarried partners may have contractual or equitable claims arising from their relationship, often referred to as Marvin claims. Such a claim does not establish a marriage and is not an automatic entitlement to marital property division or spousal support.
Rutter explains that these claims ordinarily belong in an independent civil action rather than being pleaded as part of a dissolution case. In appropriate circumstances, an independent civil action may be consolidated with a related family law proceeding. The nature of the claim matters when determining the appropriate attorney and court procedure.
Children’s Rights Are a Separate Question
The absence of a marriage does not eliminate the need to address parentage, custody, visitation, or child support. Those issues are governed by their own legal rules.
Parentage is not determined solely by whether the adults were married or whether a person is the child’s biological parent. California’s Uniform Parentage Act recognizes circumstances in which a nonbiological person may qualify as a presumed parent. If parentage is disputed, that issue must be evaluated before making assumptions about either person’s parental rights or obligations.
Learn more about our work in Riverside family law matters.
A Registered Domestic Partnership Is Different
A registered domestic partnership is a distinct legal status. It should not be confused with an unmarried couple simply living together.
Under California law, registered domestic partners generally have the same state-law rights, protections, and responsibilities as married spouses. Registration and the legal status of the relationship therefore matter when evaluating property, support, and separation issues.
What If Someone Believed They Were Legally Married?
An invalid marriage presents a different question from a couple who knowingly chose to remain unmarried. A person who believed in good faith that a marriage was valid may qualify for protection under California’s putative-spouse doctrine.
Depending on the circumstances, that doctrine may provide property, support, and attorney-fee rights even though the marriage was defective. It does not create a common-law marriage merely because the parties lived together. The claimed belief and circumstances surrounding the attempted marriage require careful review.
Frequently Asked Questions
Are we married after living together for ten years?
Living together in California for ten years does not create a marriage. The rules concerning marriages of long duration do not convert an unmarried relationship into a marriage.
Does having children together make us married?
No. Having children together does not establish a California marriage. Parentage, custody, visitation, and child support remain separate legal questions.
Does calling someone my spouse make us married?
That description alone does not create a valid marriage in California. A claim that a marriage arose elsewhere requires a separate examination of the applicable law and facts.
Does no marriage mean no legal claims?
No. Property ownership, contractual or equitable claims, parentage, and registered domestic-partnership or putative-spouse issues may still require legal attention. The available claims depend on the facts and the legal status of the relationship.
Get Clear Advice About Your California Family Law Matter
Before deciding what to file or what rights to assert, determine whether there is a valid marriage, a registered domestic partnership, a potential putative-spouse issue, or an unmarried relationship. These distinctions can change both the available remedies and the proper court procedure.
Edgar & Dow represents clients in California divorce, custody, support, and related family law matters. Contact our office to schedule a free consultation and discuss the circumstances of your case.
