Living together for years can feel just like marriage, but what happens when the relationship ends and there’s no marriage certificate? Many couples assume they have rights, only to discover the legal protections of marriage don’t apply. A seasoned divorce attorney often sees how misunderstandings about common law marriage lead to stressful disputes over property, custody, and support.
In this blog, we’ll break down what California law says about common law marriage, what rights unmarried partners have, and how to prepare for possible legal challenges.
What Is Common Law Marriage?
Common law marriage refers to a legal framework in which a couple is considered married, even if they never had a formal ceremony or marriage license. It generally applies when partners live together for a certain amount of time and present themselves as a married couple to others, often sharing finances, taking joint ownership of assets, or raising children together. However, the rules vary widely depending on the state.
Are Common Law Marriages Valid In California?
California does not permit the creation of common law marriages within its borders. No matter how long a couple has lived together or how intertwined their lives may be, state law treats them as unmarried unless they have a valid marriage license.
However, if a couple legally entered a common law marriage in another state, one where such unions are recognized, California may honor that relationship as valid, so long as it met that state’s specific legal requirements. In these cases, California courts may treat the couple as legally married, especially in matters involving property, support, or children.
When Did CA Stop Recognizing Common Law Marriage?
California abolished common law marriage in 1895, and it has not allowed such unions to be formed within the state ever since. Unlike other states that once accepted informal marriages and later repealed them, California made its position clear over a century ago.
Today, even if a couple lives together for decades, that alone does not create any legal marital status under California law. However, courts may enforce certain rights between long-term partners under contract law or equitable doctrines if there’s a legal dispute.
States That Allow Common Law Marriages As of 2025
As of 2025, several U.S. states and jurisdictions still recognize common law marriages, each with its own criteria. These states may grant legal marital rights without a formal ceremony or marriage license, but only if specific conditions are met. Here are the jurisdictions where common law marriage is currently recognized:
- Colorado – Recognizes common law marriage if both parties agree they are married, cohabitate, and present themselves as married to the public.
- Iowa – Requires intent and agreement to be married, continuous cohabitation, and public declaration of the relationship as a marriage.
- Kansas – Allows common law marriage if both individuals are of legal age, mentally competent, and publicly consider themselves married.
- Montana – Accepts these unions when there is mutual agreement, cohabitation, and a reputation of being married.
- South Carolina – Still honors common law marriages formed before July 24, 2019, but no new ones can be created after that date.
- Texas – Recognizes “informal marriage” if the couple agrees they are married, lives together in Texas, and represents themselves as married.
- Utah – Requires a court or administrative order to validate a common law marriage based on specific evidence.
- Washington, D.C. – Acknowledges common law marriage when there is mutual agreement, cohabitation, and a reputation in the community as a married couple.
Requirements For Common Law Marriage in Other States
Each state that recognizes common law marriage has its own standards, but there are several common requirements that couples generally must meet. These criteria help determine whether a relationship qualifies for legal recognition without a formal ceremony or marriage license:
- Mutual Agreement to Be Married
Both partners must agree, either explicitly or implicitly, that they consider themselves to be married. This shared intent is often the most crucial factor in validating a common law marriage. - Cohabitation Over Time
The couple must live together for a while. While most states do not specify a required length, long-term cohabitation strengthens a claim of a committed relationship. - Presentation as a Married Couple
Partners typically must present themselves publicly as married—using the same last name, referring to each other as “husband” or “wife,” or filing joint tax returns. This outward representation supports the claim of a marital relationship. - Shared Finances and Property
Combining financial responsibilities—such as owning property together, sharing bank accounts, or naming each other as beneficiaries—can demonstrate a level of commitment comparable to a legal marriage. - Legal Capacity to Marry
Both individuals must be of legal age and not legally married to someone else. They must also be mentally competent to enter into a marriage contract.
What Rights Do Unmarried Couples Have?
Unmarried couples in California, whether in San Diego, Los Angeles, or anywhere across the state, don’t receive the automatic legal protections that married spouses do.
This means long-term partners who live together, share responsibilities, or raise children must take extra steps to protect their rights. Fortunately, California law allows for certain legal remedies and agreements that can help.
Here are three key areas where unmarried couples can establish or protect their rights:
- Property Rights: Without marriage, property acquired during the relationship isn’t automatically considered shared. If you’re living together in places like San Jose or Sacramento and jointly contribute to a home or assets, you’ll need clear documentation, such as a cohabitation agreement or title records, to prove ownership or your financial interest.
- Shared Finances: Couples who share bank accounts, loans, or other financial obligations can benefit from written contracts outlining each person’s responsibilities. In some California cities like Fresno or Oakland, courts may recognize implied agreements if there’s evidence that one partner relied on financial promises made by the other.
- Parental Rights: Raising children as unmarried partners requires legal recognition of both parents. If only one parent is listed on the birth certificate, the other may need to establish parentage through a court order. A child custody lawyer can assist in protecting your relationship with your child and securing rights for custody, visitation, and support.
Taking these steps ensures your relationship and responsibilities are protected, even without the legal title of marriage.
Domestic Violence & Unmarried Couples
Domestic violence does not discriminate based on marital status, and neither does California law. Whether you’re in a dating relationship, cohabiting, or separated, the law provides strong protection against abuse, threats, or harassment. This includes physical violence, emotional abuse, stalking, or controlling behavior that affects your safety or peace of mind.
If you’re an unmarried partner facing abuse in cities like San Diego, Los Angeles, or Sacramento, you can still file for a restraining order under California’s Domestic Violence Prevention Act. Courts consider your relationship and the history of abuse when determining protective measures. These may include emergency orders, custody adjustments, or exclusive use of shared homes.
A domestic violence lawyer can guide you through the legal process with care and urgency, helping you create a safety plan, file the right petitions, and ensure your rights are protected no matter your relationship status.
Can Unmarried Partners Seek Spousal Support in California?
While California doesn’t offer traditional spousal support to unmarried partners, there are limited situations where financial support may still be pursued. Known as “palimony,” this type of support can apply if there was a clear agreement, written, verbal, or implied, that one partner would support the other financially.
These cases are complex and often require strong legal backing to prove the existence of such agreements. It’s a wise move to seek assistance from a spousal support attorney who can assess your situation, gather the necessary documentation, and advocate for fair financial arrangements after a long-term relationship ends.
Learn About Your Legal Options
Unmarried couples in California often face confusion about their legal rights when a long-term relationship ends. Whether you’re dealing with shared property, financial support, or child-related concerns, these issues can quickly become overwhelming.
Our team at Men’s Legal Center is here to help you sort through it all. Our experienced attorneys can give you honest answers and practical advice. Start with a free case review to get clear, practical answers and a plan that protects your rights moving forward.
