The concept of “common law marriage” typically arises in the context of couples who live together, have joint financial accounts, and have children in common but who never participate in an official ceremony. California ceased recognizing common-law marriage more than a century ago. However, there are certain exceptions that may apply, depending upon a specific couple’s circumstances.

If you have questions about common law marriage, divorce, child custody, and other important family law matters, you should seek out experienced legal counsel right away. A skilled California divorce attorney can address all of your concerns and help you apply state law to your unique situation.

What Is Common-Law Marriage?

In states throughout the country that do recognize common law marriage, such a relationship exists where couples – and even their extended family – believe themselves to be married. Couples may also partake in similar activities and share characteristics of typical married couples, including:

• Holding real estate or other property jointly
• Living together under the same roof (i.e., cohabitation)
• Sharing financial accounts, including checking accounts
• Having one or more children in common

In most situations, California does not recognize common law marriage because, under state law, a formal marriage cannot materialize simply because a couple lives together or verbally consents to such a relationship.

Is There Common-Law Marriage in California?

California has not recognized common-law marriage in over 100 years. However, as with many legal concepts, various exceptions do exist. In fact, California continues to recognize common law marriages in several very specific – and limited – situations.

California Recognizes Common-Law Marriage in Certain Situations

A Major Exception

Pursuant to California law, if a particular marriage is deemed lawful and valid pursuant to the laws that exist in another location – such as a foreign nation or another state within the United States – and the marriage occurred in that location, then the marriage is legally valid in California. In most situations, courts in California will recognize such a marriage and give it “full faith and credit.”

Common-Law Marriages from Other States

U.S. States that Recognize Common-Law Marriage

Several jurisdictions throughout the United States continue to recognize common-law marriages. Those jurisdictions include:

• Washington DC
• Texas
• Rhode Island
• Kansas
• Colorado
• Alabama
• Iowa
• Montana
• South Carolina
• Utah

Although common law marriages are valid in each of these locations, each jurisdiction has its own set of requirements for what constitutes a common law marriage there. Different jurisdictions also have different age requirements and cohabitation requirements. For example, most jurisdictions have a minimum age requirement of 18 years for each of the parties, as well as a cohabitation minimum of 3 years. Disputes oftentimes arise in situations where one party considers that they are married to the other party, while the other party believes they are not married.

In situations where a couple splits, one party may want to obtain alimony – or spousal support – from the other party by arguing in favor of a common-law marriage. The paying spouse, on the other hand, may argue that no common law marriage exists in an attempt to avoid making child support or alimony payments to the other party.

Common-Law Marriage Misconceptions

When it comes to common law marriage, misconceptions and myths unfortunately abound. One common misconception is that every state in the country recognizes some form of common-law marriage. In fact, however, most states do not recognize common law marriage anymore.

Another common misconception is that if a couple lives together continuously for seven years, common-law marriage has occurred. However, if the couple does not meet the necessary qualifications in a particular jurisdiction, a common law marriage has not, in fact, occurred – regardless of the number of years the couple has lived together.

An experienced California family law attorney can answer all of your legal questions when it comes to common-law marriage.

“Palimony” Claims in California

In most situations, unmarried couples who reside together in California lack legal rights with respect to community property. However, when an unmarried couple decides to end their relationship, they can claim certain types of financial support, along with various property rights, in a so-called “palimony” claim.

The legal basis for palimony claims in California is the case of Marvin v. Marvin, from 1976. In this case, the Supreme Court of California allowed a lawsuit between two unmarried individuals based on their live-in relationship that endured for many years. For an unmarried partner in a long-term relationship to succeed in obtaining palimony benefits, they will need to prove that they and their partner had:

• An implied understanding or written agreement to share various monetary earnings and real property

  AND/OR

• An understanding that one of the partners will support the other partner financially

First, if the partners had a written contract to provide financial support or share real property, that contract (assuming it’s valid) would control the property division. If the parties are unable to agree upon monetary amounts for various types of property, they can retain financial experts or attorneys to help them. If one or both of the parties disputes the contract, they can have the issues resolved in the court system by a judge.

If no written contract is available, the parties may have to demonstrate that they had a non-written, implied contract in place. However, this can be extremely difficult to prove, and a judge will usually make the necessary determination by examining the partners’ respective conduct. Specifically, judges may consider any of the following when making their determination:

• The specific reasons why the couple decided not to marry, such as avoiding community property rights
• The couple’s money and credit practices, including whether they used joint credit cards and had joint bank accounts versus individual bank accounts
• Whether the parties bought property jointly and took title to the property jointly versus separately

If the parties lived together and their relationship was like a marriage, a judge is more likely to find that the couple had a valid palimony agreement.

Do Unmarried Parents Have to Pay Child Support?

Regardless of whether a child’s parents are currently married or were married previously, they have a legal duty to support their minor children. In fact, the primary goal of child support is to benefit the child – not the child’s parents. Either the child’s mother or father can file a motion with the court to request payment of child support. In addition, a parent can file an application with the California Child Support Services Agency.

This agency can assist with finding a parent who’s missing. It can also:

• Establish a child’s paternity, pursuant to California law
• Assist with enforcing, modifying, or establishing a court order related to health insurance coverage for a child
• Assist with enforcing, modifying, or establishing court-ordered child support for the minor child’s benefit

Do Unmarried Parents Have Custody Rights?

Just as with married parents, unmarried parents in California have various child custody obligations and rights – assuming that no question exists as to the child’s parentage. Pursuant to California’s prevailing child custody laws, a judge will use the “best interest of the child standard” when deciding issues related to both physical and legal custody of a couple’s minor children.

Talk to a Divorce Attorney

Legal issues related to common law marriage, divorce, and child custody can be overwhelming and confusing. If you are currently faced with any of these issues, you should speak with an experienced California divorce attorney in your area right away. Your lawyer can explain all of your legal rights and options to you and help you obtain the best possible result in your case.