What Is Common Law Marriage? California Rules, Myths, and Legal Options (2026)

Common law marriage is informal, but California won’t treat you as married unless it was validly created in another state. This article covers key myths, domestic partnership alternatives, and what long-term couples must do to protect property, finances, and parental rights.

By Brad Nakase, Attorney

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Have a quick question? We answered nearly 2000 FAQs.

Table of Contents

1. Introduction

2. Common Law Marriage in California

3. The “Checklist” Myths

4. Does California recognize common law marriage?

5. The “Out of Stater” Loophole

6. Common Law Marriage & Domestic Partnership

7. What is the significance of common law marriage in California?

8. Unmarried Couples’ Rights in California

9. Conclusion

10. FAQs

Introduction

Common law marriage is basically the “DIY” version of getting hitched, the idea that if you live like a married couple long enough, the law eventually just treats you as one, even if you never signed a single piece of paperwork at the courthouse. No license, no ceremony—just a relationship that, in practice, looks like a marriage.

In this article, we’ll break down how California looks at common law marriage in 2026. What California is willing to recognize, what it flat-out won’t, and which details actually make a difference when you’re trying to understand your legal position. The point is to cut through the noise and lay out, in plain terms, what gives a relationship legal standing in this state—and what doesn’t.

Common Law Marriage in California

Here is the deal with common law marriage: people think that if you live together long enough, the government eventually just “counts” you as married. The idea is that if you share a bank account, raise kids together, and tell your neighbors you’re husband and wife, you’re legally hitched.

But there are two major things you need to know:

It’s a State-by-State Thing (and California says No)

Most states—including California—don’t recognize this at all. You could stay together for 40 years, and the state will still see you as two single people living in the same house. You only get “common law” status if you live in one of the few states that still allow it (like Texas or Colorado).

It’s “Marriage-Lite” at the Federal Level

Even if you live in a state that recognizes your common law marriage, the federal government isn’t always on board.

Taxes: You might be able to file jointly on your state taxes, but the IRS usually expects you to file separately because it doesn’t recognize the union.
Kids: The husband is automatically presumed to be the father in a traditional marriage. You have to go through the extra step of legally establishing paternity to get the same parental rights as in the setup of common law.
Rights: You don’t get the same automatic “default” settings for things like inheritance or medical decisions that a standard marriage license provides.

You first need to separate myth from actual state law to understand “What is Common Law Marriage in California?”

Also Read: Is Nepotism Illegal in California? What the Law Allows and Prohibits

The “Checklist” Myths

People often point to these things as “proof” of marriage, but without a license, they are just lifestyle choices:

Sharing a last name or bank accounts.
Referring to each other as “my spouse” to friends.
Having kids and a mortgage together.

Most people asking “What is Common Law Marriage in California?” are really asking whether living together long enough creates legal rights.

Does California recognize common law marriage?

Let’s clear the air on this: California doesn’t do common law marriage. It’s probably the biggest legal myth in the state. People think that if they hit the 7-year or 10-year mark, they’re “automatically” married. Nope. You could live together for 50 years, but the state will still see you as roommates with a history. No ceremony and no license means no marriage. Period.

The “Out of Stater” Loophole

There is literally only one way to be common law married in California: You have to bring it with you.

If you lived in a place like Texas or Colorado and checked all their legal boxes for a common law marriage before you moved here, California will honor it. They won’t make you get remarried at the border. But if your entire relationship has happened within California’s lines? You aren’t married.

The short answer to “What is Common Law Marriage in California?” is simple. California doesn’t recognize it unless it was legally formed elsewhere.

Why you should care

Since the state doesn’t see you as a “unit,” you lose out on the automatic safety nets that married couples take for granted. If you break up or someone passes away:

The House: If only one name is on the deed, the other person might get nothing.
The Cash: There’s no “community property.” Your bank accounts stay yours, and theirs stay theirs.
The Support: You can’t just ask for alimony (spousal support) unless you have a separate written contract.

Your Other Options

If you want the legal perks of marriage without the traditional “I do’s,” you have to be proactive. Most couples in this situation look into:

Domestic Partnerships: This gives you almost identical state rights to marriage.
Cohabitation Agreements: This is a contract you write with a lawyer that spells out who owns what. This is to ensure that you aren’t left high & dry if the relationship ends.

Common Law Marriage & Domestic Partnership

Common Law Marriage & Domestic Partnership aren’t the same thing.

Common law marriage is basically “marriage by accident” (which doesn’t exist in California). Domestic Partnership is a conscious legal choice. It’s the state’s way of letting you have the perks of marriage without the “I do’s” or the religious/traditional baggage.

Here is the breakdown of why people actually do it:

The Big Difference

Common law is based on how you act, but a Domestic Partnership is based on paperwork. You have to file a form with the Secretary of State. There’s no big ceremony required, but once that paper is filed, the state treats you a lot like a married couple.

What do you actually get?

Since California doesn’t recognize common law unions, a Domestic Partnership is the only way for unmarried couples to get these specific rights:

State Taxes: You can file your California taxes jointly. It usually saves you money, though you still have to file your Federal taxes as “single.”
The Kids: You get automatic paternity rights, and it makes adoption (like step-parent adoption) way smoother. Without this, you’re jumping through a lot of legal hoops just to prove you’re the parent.
Work & Health: You can get on your partner’s state-administered health insurance. You also get legal protection for family leave or bereavement leave if your partner gets sick or passes away.
The “What Ifs”: If you’re in the hospital, your partner has automatic visitation rights. And if one of you dies without a will, the other has a legal right to inherit property—just like a spouse would.

The Catch

Just like common law, the Federal government is the buzzkill here. They don’t recognize California Domestic Partnerships for things like Social Security benefits or federal tax breaks.

What is the significance of common law marriage in California?

So, why should you even care about common law marriage if California doesn’t actually offer it? It really comes down to one thing: not getting screwed over if you break up.

Because people move around so much, you might actually be “legally married” without even realizing it. If you lived as a common law couple in a state like Colorado or Texas before moving to California, you aren’t just “dating”—you are legally spouses. Understanding “What is Common Law Marriage in California?” becomes especially important when couples move from another state.

Why does this change everything?

If you think you’re just “breaking up” but you actually meet those out-of-state marriage rules, you don’t just walk away with your own stuff. You’re looking at a full-blown divorce. It brings in all the heavy-hitting legal rights.

Spousal Support: You (or your partner) might be entitled to alimony.
Splitting the Goods: Instead of “what’s mine is mine,” you might have to split your bank accounts, 401(k)s, and property 50/50 under California’s community property laws.
The Kids: It changes the conversation around child support and custody from “two single parents” to “divorcing parents.” It can affect how the court handles the case.

You need to know exactly where you stand if you’ve lived together for a long time across different states. You might have responsibilities—or rights to money and property—that you didn’t think existed. Walking away from a long-term partner isn’t always as simple as moving out and changing your relationship status on Facebook.

Unmarried Couples’ Rights in California

If you decide to skip the marriage license in California, you’re basically playing the game on “Hard Mode.” Since the state won’t automatically protect you, you have to be your own lawyer and set up your own safety net. If you don’t, you could end up with zero rights to your home, your money, or even your kids if things go sideways.

Here is the reality check on what you’re missing:

1. The “Whose House Is It?” Problem

In a marriage, things are usually 50/50. For unmarried couples, it’s “finders keepers.” If your partner’s name is the only one on the house deed or the car title, that’s their property—period. It doesn’t matter if you helped pay the mortgage for ten years. If you want to own it together, you have to manually put both names on every single title and deed.

2. The Bank Account Trap

If you share a life but keep separate bank accounts, you’re in for a shock if your partner passes away. Without a marriage license, you have zero right to access their cash, their credit cards, or their retirement fund. The bank will literally lock you out. To avoid this, you have to go through the hassle of making every account a “Joint Account” or setting up “Payable on Death” (POD) forms for each other.

3. The Paternity Paperwork

This is the one that catches people off guard. For married couples, the state just assumes both people are the parents. For unmarried couples, that “default” setting is gone. You usually have to sign a Voluntary Declaration of Parentage at the hospital or later on. If you don’t, you might find yourself fighting a massive uphill battle just to get basic custody or visitation rights.

The Takeaway: If you aren’t married, you’re essentially legal strangers. You have to use contracts and paperwork to “build” the protections that married people get for free.

Conclusion

The bottom line is that in California, time doesn’t turn a relationship into a marriage. You can spend decades together, but without that state-issued license or a registered domestic partnership, you are legally independent. The “seven-year rule” is a myth, and the state won’t step in to split your assets or grant you alimony just because you shared a life.

If you want the protections that married couples get for free, you have to be intentional. Whether that means signing a cohabitation agreement, filing for a domestic partnership, or manually adding your partner to your house deed, the burden is on you to build your own safety net. Don’t wait for a breakup or a medical emergency to realize you’re “legal strangers.” Now is the time to get your paperwork in order if you’ve moved here from a common-law state.

FAQs

Q: Common law marriage in California: What’s the rule?

California doesn’t play along with common law marriage. Living together, sharing bills, calling each other husband and wife—it doesn’t create a legal marriage here. The state only recognizes formal marriages and registered domestic partnerships. That said, if you entered into a valid common law marriage in a state that allows it and later moved to California, the state will usually honor it. California won’t erase it.

Q: Unmarried couples in California: What are their rights?

Very few by default. Marriage comes with automatic protections; being unmarried doesn’t. If you’re not married, you have to build those rights yourself—contracts, wills, medical authorizations, everything. Even things like hospital access or inheritance don’t happen automatically. Kids add another layer. Paternity has to be legally established. This is where a family lawyer actually matters, not as a formality, but as damage control.

Q: What is the “10-year rule” people talk about?

It only applies to legal marriages. Nothing else. If a marriage lasts ten years or more, the court may treat it as “long-term” during divorce. That can affect spousal support and, sometimes, Social Security benefits. It doesn’t mean support is guaranteed. It just gives the court more flexibility. No marriage, no ten-year rule—no matter how long you lived together.

Q: When did California stop recognizing common law marriage?

A long time ago. 1895. Since then, cohabitation alone has never been enough. As of 2026, only a handful of states still allow common law marriage, plus D.C. California will recognize one only if it was legally formed elsewhere, and only if all the other state’s requirements were actually met. Just calling it a marriage doesn’t make it one.

Have a quick question? We answered nearly 2000 FAQs.

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