California Common Law Marriage
Couples who live together and are not married fall under the category of cohabitation. The legal rights of cohabiting couples are very different than those of married couples. The following brief overview can help you understand the differences between the legal rights of those who are married and those who are not.
California Unmarried Couples Rights
There is no common law marriage in the State of California. This means that if two people live together, there is no statute that confers the rights of married couples upon them. There are situations also where a couple believes that they are married, but they are in fact, not.
For instance, if the parties accidentally hired an officiant who was not legally allowed to marry people, they may not have had a legally binding ceremony, but in these cases, the law will not allow the flawed technicality to stop the marriage, and the couple will be considered married under the law.
Finally, there is the concept of domestic partnership. A new law in the State of California allows any couple to apply for domestic partnership, which offers similar benefits to marriage under the law. It is important to note that domestic partnership arrangements in California are not federally recognized, and therefore, couples may still have a difficult time sponsoring a non-citizen partner for citizenship, sharing federal employee benefits, or accessing the rights and protections of married couples in other states.
Finances
According to the State of California, two people living together who are not married are two separate and distinct individuals with respect to finances. No bank accounts, investments or savings accounts will be jointly owned. If anything is held jointly, it will be divided equally in the absence of any other legally recognized agreement. No alimony will be available to either party if the couple splits, however, if there is a child, a partner will be entitled to child support.
Children
If two people who are unmarried and have children together separate, there are different laws that apply regarding child custody. Both parents will have equal rights regarding their children, but the decisions regarding child custody and child support will still need to be determined. In cases of unmarried couples, unlike those that are married, for a child to receive child support or an inheritance, paternity must be established by agreement or by an action (such as a medical test).
Property
If an unmarried couple owns a house, or other substantial property together, it will be divided equally upon separation. If only one person is listed as an owner, but both partners have contributed to the payments, the partner not listed on the property will need to seek legal counsel to attempt to claim part ownership in the property and a court of law will make a final decision regarding the division of that property.
Contact a Family Law Attorney in California
If you are ending a long-term relationship in which you were not married, there may be legal issues that will affect your separation. If there is any shared property, shared children, or issues that may include child support, you should visit with an experienced Orange County family law attorney to ensure your rights are protected. Contact the Law Offices of Dorie A. Rogers at 714-500-8428 or online today for a consultation and to help you today.
FAQs
Though California does not recognize common law marriage, that does not mean that you do not have rights. If you are cohabitating with your partner, you still retain individual property rights. However, after a breakup, you will not go through the same property division process as a legally married couple.
What is the law on unmarried couples living together in California? ›
Unmarried couples who live together in California fall under the legal umbrella of 'cohabitation. ' A new law in California allows cohabitating romantic couples to file to be known as a domestic partnership. While this law affords couples similar rights to married couples, the law is only recognized within California.
How many years do you have to live together for common law marriage in California? ›
Only some states recognize common-law marriages. Importantly, California does not have a common law marriage law. This means that a couple won't be considered legally married no matter how long they've lived together in the state of California.
Who gets the house when an unmarried couple splits up in California? ›
Property. If an unmarried couple owns a house, or other substantial property together, it will be divided equally upon separation.
Who gets the house and cars when unmarried couples break up in California? ›
If the partners are tenants in common, each of them will keep a share of the house or car based on what they agreed upon or paid into when they purchased the property, which could be 75/25, 40/60, 50/50, etc. Each party continues owning their share, and a breakup will not alter the property rights.
What are the rights of cohabiting couples in California? ›
California does not have any specific cohabitation laws. There are no specific regulations in place for dividing the property of a cohabiting couple after a separation. The courts will not intervene to divide the property down the middle as they would for a married couple in a divorce case.
What is the Marvin law in California? ›
A Marvin claim is a legal claim to enforce expressed or implied agreements for support or property sharing between non-marital partners after a split. Marvin claims get their name from the 1976 California Supreme Court decision Marvin v.
What is the 7 year rule in California marriage? ›
Absence of Common Law Marriage in California
The concept of a couple being considered legally married after living together for a specific period doesn't apply here. Despite popular belief, even if you've been cohabiting for 7 years or more, it won't automatically grant you the status of a married couple.
What do you call a couple living together but not married? ›
A cohabiting couple is a couple that lives together in an intimate and committed relationship, who are not married to each other and not in a civil partnership. Cohabiting couples can be opposite-sex or same-sex. A cohabiting relationship can continue to be 'intimate' even if it is not sexual.
Can I get alimony if I live with my boyfriend in California? ›
Court has the power to reduce alimony. If the court determines there is cohabitation with a non-marital partner, the court has the power to modify or terminate the alimony. No need to hold the other out as a spouse.
Unmarried couples are not entitled to the property, inheritance and spousal support rights of married couples, but they do have the right to enter into an agreement that specifies how these issues are handled. That said, California does place some restrictions on agreements between unmarried couples.
Can my girlfriend take half my house in California? ›
Sole Ownership – If one person owns the house and their partner or significant other moves in with them, the sole owner typically gets to keep 100% of the house when they break up. Community Property – This only applies to married couples, who split the house 50/50 if they divorce.
Can you get your partners Social Security if not married? ›
Adults who live together, but are not married, are not eligible for their partner's dependents' or survivors' benefits although their children are dependents of both.
How do unmarried couples split expenses? ›
Keep separate accounts, but make equal payments
Many people find it easiest to maintain separate financial accounts with their own funds. From there, they contribute equally to shared expenses.
What is a Marvin action? ›
The term Marvin Action refers to civil court actions brought by individuals who have been cohabitating with a partner, but were never married. This term comes from the landmark Marvin v. Marvin, California Supreme Court Opinion.
What happens if you break up with your domestic partner? ›
The process of termination usually will divide all the community property and community obligations of the partners. Once effective, the termination may not be undone except in limited circ*mstances by order of a California Superior Court. Termination of a domestic partnership does not dissolve a marriage.
Is there a common law marriage in California 7 years? ›
A common misconception is that if you've lived with your partner for seven years or more, then you're automatically in a common law marriage relationship. However, this isn't accurate; living together alone doesn't make you legally married under federal law.
What are the rights of a couple living together? ›
If domestic partners remain unmarred in California, they effectively have separate finances. There are no shared bank accounts, investments or savings accounts as there may be in a marriage. After a separation, each individual's finances remain legally separate.
What is it called when you live together but are not married? ›
Living together with someone is sometimes also called cohabitation. Generally speaking, you will have fewer rights if you're living together than if you're married. This information explains the legal differences between being married and living together.
Does California have common law marriage? ›
IS THERE COMMON LAW MARRIAGE IN CALIFORNIA? No, California does not recognize “common law marriage.” Even though California does not have common law marriages, unmarried couples who have been together for an extended period of time do still have some rights.
