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Last Modified on Aug 07, 2026
If you’ve built a life with someone without ever getting married, it’s normal to wonder where you actually stand legally, especially if you’re only now looking into it.
You are not alone in asking, and the answer is simpler than it might feel right now.
California does not recognize in-state common law marriage. No matter how long you’ve lived together, the state will not consider you legally married just because of that.
The state does recognize a common law marriage if it was validly formed elsewhere, in a state that allows it, such as Colorado, Iowa, Kansas, Montana, Texas, or Utah.
If you and your partner formed a valid common law marriage in one of those states and later moved here, California treats you as legally married in this state too.
This is different from a domestic partnership, which California offers to any couple who wants certain state-level benefits, like joint tax filing and inheritance rights, without a traditional marriage.
Below, we walk through exactly what unmarried couples can and can’t count on under California law, and what you can do to protect yourself and your family.
Edgar & Dow has guided many California couples through exactly this question, and we’re ready to help you through yours.
Hire a Family Lawyer in California
Since 2004, Edgar & Dow Family Law has focused exclusively on California family law, helping clients across the state, including Riverside, Murrieta, Anaheim, and the surrounding areas, through cases that are often emotionally intense and involve the people they care about most, including their children.
We give clients direct attorney access, honest advice, and a strategy built around their specific situation rather than a one-size-fits-all approach.
That means realistic expectations from your very first consultation, not promises we can’t keep, and a process built on resolving your case without unnecessary conflict.
Understanding Common Law Marriage
Common law marriage describes when a couple has lived with each other long enough that a state considers them to be legally married.
Partners might agree verbally to be married, or they may meet conditions typical of traditional couples, including:
- Living or cohabitating together
- Having children together
- Raising children together
- Sharing financial information and accounts
- Acting to friends and family as a couple would
However, despite being considered married in some states, common-law married couples do not hold the same rights as those who are legally married.
This is because common law marriages are not federally recognized. Although you can file state taxes as a common-law married couple in some states, you must file federal taxes separately.
Common law marriages also do not automatically grant parental rights to their children like traditionally married couples do. Instead, parents must establish paternity.
Is Common Law Marriage the Same as Domestic Partnership?
No. California allows domestic partnerships between any couples who wish to have one.
A domestic partnership isn’t a marriage. Instead, couples with domestic partnerships do so to get certain benefits usually associated with marriage, such as being able to receive a partner’s state-administered health benefits.
To learn more about domestic partnership in California, read our blog on the subject!
If you don’t want a traditional marriage but still want some of its legal benefits, a domestic partnership can be a good middle ground. It skips the ceremony but still requires paperwork, and while it won’t get you federal benefits the way marriage does, it comes with several state-level ones:
- Joint California taxes. Filing jointly may lower a couple’s overall tax burden. Federal returns must still be filed separately, but joint state filing lets domestic partners claim certain deductions and credits that unmarried individuals can’t.
- Adoption rights. Both partners can become a child’s legal parents through agency or step-parent adoption and share full parental rights and responsibilities. Unmarried couples don’t get this legal presumption of parentage automatically.
- Automatic paternity rights. In 2024, 37.9% of California’s live births were to unmarried mothers. For those parents, paternity isn’t automatically established unless they’re married or in a registered domestic partnership.
- Family and bereavement leave. Domestic partners qualify for job-protected leave to care for each other during a serious illness or after a partner’s death, under the California Family Rights Act (CFRA).
- Hospital visitation rights. Domestic partners are legally recognized as immediate family for hospital visitation and medical decision-making, a right unmarried couples don’t automatically have.
- Inheritance rights. Domestic partners can inherit from one another under California’s intestate succession laws even without a will.
Why Does Common Law Marriage Matter in California?
Common law marriage matters to couples living in California because some of them might not realize they have legal rights typically only provided to married couples by the state.
For example, a separating couple who met common law marriage requirements in another state before moving to California might have similar rights to that married spouses have while divorcing.
This includes child support, spousal support, asset division, and other issues commonly associated with a divorce.
It is important that couples know their rights and responsibilities during separation.
If you’re facing an issue involving common-law marriage in the state of California, Edgar & Dow is ready to help. Our attorneys are ready to help with the complexities of your situation and help you navigate any family law issues you might be experiencing.
Marvin Actions: Palimony Rights for Unmarried Couples in California
Even though California does not recognize common law marriage, unmarried couples are not always left with nothing when a long relationship ends.
In the 1976 case Marvin v. Marvin, the California Supreme Court ruled that unmarried partners can enforce written, oral, or implied agreements to share property or provide support, a right that has become known as palimony. A lawsuit to enforce this kind of agreement is often called a Marvin action.
A Marvin action is not automatic. You must show that you and your partner actually had an agreement, whether spoken, written, or implied by how you managed your lives together, such as combining finances, jointly buying property, or one partner giving up a career to support the household.
Courts will not enforce an agreement based only on living together or having a sexual relationship.
If you believe your partner made you a promise of support or a share of property and later broke it, our experienced family law attorneys can help you evaluate whether you have a valid claim.
Cohabitation Agreements: How Unmarried Couples in California Can Protect Themselves
Because California does not extend the automatic protections of marriage to unmarried couples, a written cohabitation agreement is one of the most effective ways to protect both partners.
A cohabitation agreement is a contract between partners who live together but are not married, and it can address:
- How you will divide property and debt if you separate
- Whether either partner will pay support to the other
- How you will handle jointly owned property, such as a home or vehicle
- What happens to shared bank accounts or business interests
California courts generally enforce cohabitation agreements the same way they enforce other contracts, as long as the agreement is not based on an exchange of sexual services and both partners entered into it voluntarily.
Putting your agreement in writing, rather than relying on a verbal understanding, gives you much stronger protection if the relationship later ends in a dispute.
Why Choose Us?
At Edgar & Dow Family Law, we approach every family law case with the respect, care, and strategic focus it deserves. Our goal is to provide each client with honest guidance and a streamlined process designed to reduce stress.
We recognize that no two families are the same, so we tailor our representation to match your specific goals while aiming for lasting results.
Our team understands the importance of domestic partnerships, common-law marriages, and traditional marriage and can help you and your significant other explore the right option for you.
With our extensive knowledge of California family law, we are well-prepared to handle the unique cases each of our clients presents us during their consultations.
Our firm has earned a strong reputation for legal excellence. We’ve been named a “Top Lawyer” by Inland Empire Magazine and recognized among the “Top 100 Family Lawyers” nationwide by the American Society of Legal Advocates.
Our accolades represent our dedication to serving our California clients and treating each case with the compassion it deserves.
FAQs
Q: What Is the Law for Common Law Marriage in California?
A: California does not recognize common law marriages as legal marriages.
In several states, common law marriage is a form of legally recognized marriage. In it, a couple lives together and acts as if they have been married for a certain number of years.
California only recognizes traditional marriages and domestic partnerships. If a couple is married via common law in a state where it is legal, and then moves to California, they are considered legally married in California.
Q: What Rights Do Unmarried Couples Have in California?
A: California gives unmarried couples none of the automatic rights that married couples receive. Every one of those rights, including paternity of children (so they can inherit property and assets), access to medical records, and certain tax benefits, has to be manually established instead.
Our family lawyers can help you understand exactly what you need to do to secure them.
Q: What Is the 10-Year Rule in California?
A: The ten-year rule refers to whether a marriage is considered a long-term or short-term marriage. If a couple has been in a legally recognized marriage for ten years or longer, it is a long-term marriage.
This only impacts a couple if they divorce. Divorcing couples who were married for ten years or longer generally have higher spousal support.
They could also receive their ex-spouse’s Social Security benefits. However, spousal support is still not mandatory.
Q: What Is a Marvin Action in California?
A: A Marvin action is a lawsuit that lets unmarried partners enforce an agreement to share property or receive support after a breakup. It takes its name from the 1976 case Marvin v. Marvin and requires proof of an actual express or implied agreement between the partners.
Q: Do Unmarried Couples Need a Cohabitation Agreement in California?
A: California does not automatically grant unmarried couples the property, support, or inheritance rights that married couples receive. A written cohabitation agreement lets partners define these rights for themselves and reduces the risk of a contested dispute later.
Working With the Edgar & Dow
Without a legal marriage, unmarried partners face significant legal vulnerabilities in California.
If a partner passes away, the survivor has no automatic inheritance rights. In a separation, neither party is entitled to spousal support. Furthermore, non-biological parents lack automatic custody or visitation rights unless parentage is formally established.
Whether you are an unmarried couple or established a common law marriage in another state, securing your future requires proactive planning.
At Edgar & Dow, our family lawyers prioritize your family’s well-being by establishing clear, legally binding protections for you, your partner, and your children.
Contact our office today to schedule a consultation and safeguard your rights.
