Demetria Graves | August 8, 2025 | California Law
According to The Atlantic, adults in the United States are significantly less likely to be married than in decades past. The Pew Research Center reports that one out of four 40-year-old Americans has never been married.
The reasons for this shifting demographic are multifaceted. People no longer feel they have to be married simply because they have children or because society expects them to. Additionally, more people, regardless of their sex or gender, are more financially independent. Individual priorities may also come into play.
With fewer formal marriages taking place, it’s crucial that people understand how their romantic relationships affect their legal rights and whether they are considered married under the eyes of the law.
What Is Common Law Marriage?
Common law marriage is a term used to describe a romantic couple’s status when they have decided not to formally get married but live together and hold themselves out as married. In states that recognize common law marriage, these couples have many of the same rights as those who have been married in a formal marriage ceremony.
Does California Recognize Common Law Marriage?
California does not provide for common law marriage rights within its borders. California law requires a marriage license and solemnization to recognize a marital union.
California may recognize common law marriages that were established in another state that does permit them, provided that the couple meets all of the requirements of that state, which may include cohabitation, intent to be married, and the legal capacity to be married.
Legal Issues Involving Couples Living Together
Even if a couple decides not to get married, legal issues can still arise involving matters such as:
- Finances – California’s community property state laws generally consider all income and assets acquired during the marriage as community property to be split 50/50 between a couple. However, this assumption does not apply to unmarried couples. How accounts are titled can affect your legal right to withdraw and use the funds in an account. rg
- Joint property – Unmarried couples who live together for many years may decide to make large purchases together, such as vehicles or houses. This property may have to be divided or sold if the couple breaks up.
- Child custody – Unmarried partners may become coparents. They may need a formal child custody arrangement to be established if they end their relationship. While married parents have the same child custody rights, unmarried fathers may have to establish paternity and request the court to designate paternity rights.
- Child support – Both parents in California are expected to financially support their children. This is often executed by one parent paying the other child support.
Without a formal legal arrangement, it can be confusing to sort out these legal issues without help from a knowledgeable family lawyer.
Alternatives to Common Law Marriage
Even though California does not recognize common law marriage, couples can use alternatives to protect their legal rights, such as:
- Marriage, if they want to go the formal route, since marriage provides certain legal rights and obligations by default
- Civil unions that are registered in the county and provide similar rights as marital rights
- Cohabitation agreements, which serve as a contract between romantic partners regarding their finances and contributions to the relationship
By choosing one of these alternatives, couples in California can safeguard their legal rights and clarify their obligations—without needing to rely on a common law marriage that the state does not recognize.”
Contact The Graves Law Firm for a Confidential Case Review
If you’re worried about the legal status of your relationship or your property rights, an experienced family law attorney from The Graves Law Firm can meet with you to discuss this critical information.
If you need further legal representation, we can help with that, too, such as drafting a cohabitation agreement or fighting to secure child support. Contact us today for a confidential consultation.
For more information, please contact our experienced family law attorneys at The Graves Law Firm for a consultation today. We’ll be happy to assist you.
The Graves Law Firm Pasadena
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