Family · Common-Law Marriage
Common-Law Marriage in California
Whether California lets a couple become married without a license, whether it honors a common-law marriage formed elsewhere, the elements that count, and why the seven-year rule is a myth. Cited to the statute or controlling law.
The rules and exceptions in California
Whether you can form one here, whether a marriage from another state is recognized, and the elements that actually matter.
| The rule in this state | What it means |
|---|---|
| No new common-law marriage | California does not let couples become married just by living together and calling themselves married. It abolished common-law marriage in 1895, and the length of cohabitation makes no difference. |
| The "7 years" myth | Living together for seven years, or twenty, does not create a marriage in California. Only a licensed, solemnized marriage, or a valid out-of-state marriage, makes a couple legally married. |
| Fallback for unmarried couples | Unmarried partners have no automatic spousal rights, but may pursue a Marvin, or cohabitation-contract, claim. That is a contract theory, not a marriage. |
| Exceptions and details | What it means |
|---|---|
| Out-of-state marriage is recognized | A marriage validly contracted outside California that is valid where it was contracted is valid in California (Family Code §308). A couple who formed a valid common-law marriage in Texas, Colorado, or another recognizing state and then moved here stays legally married. |
| The claimant must prove it | The person asserting the out-of-state marriage must prove it met that state’s requirements, such as agreement, cohabitation, and holding out. California courts examine that state’s law. |
What you can do right now
Concrete, neutral steps to confirm your marital status in California. This is legal information, not legal advice.
- Do not assume living together makes you married
California creates no common-law marriage no matter how long you cohabit. Without a licensed marriage or a valid out-of-state one, you are not spouses in California.
- If you moved from a recognizing state, you may be married
If you validly formed a common-law marriage in Texas, Colorado, or another state that allows one, California recognizes it under §308. Keep records that prove the marriage met that state’s rules.
- Unmarried partners can consider a Marvin claim
If you were never married, you have no automatic spousal rights, but a cohabitation agreement or a Marvin claim can address shared property. That is a contract matter, not marriage.
- Talk to a California family lawyer about status
Whether an out-of-state marriage is recognized turns on that state’s law. A licensed California family attorney can assess it for divorce or inheritance. The State Bar can refer you to one.
Whether a common-law marriage exists or is recognized turns on specific facts and dates. This resource can connect you with a licensed family attorney who can assess it.
→ State Bar of California — Need Legal HelpThis is general legal information, not legal advice. The elements, the dates, and out-of-state recognition can change the answer, so confirm your status with a licensed attorney.
What people get wrong about California common-law marriage
California has not allowed common-law marriage since 1895, and no amount of time living together changes that. The persistent myth that seven years, or any number of years, of cohabitation makes you married is simply false here; only a licensed, solemnized marriage counts. But the fact that actually decides most people’s status is the exception, not the rule. Under Family Code §308, a marriage validly contracted outside California that is valid where it was contracted is valid in California. So a couple who became common-law married in a state that allows it, such as Texas or Colorado, and then moved to California remains legally married, with all the rights and the need for a divorce to end it. The burden is on whoever claims the marriage to prove it met the other state’s requirements. If you were never married and never formed a valid one elsewhere, you have no automatic spousal rights in California, though a cohabitation agreement or a Marvin contract claim can address shared property.
Common questions
Does California recognize common-law marriage?
Not new ones. California abolished common-law marriage in 1895, so living together does not make you married. But under Family Code §308 it recognizes a common-law marriage validly formed in a state that allows one.
Is there a seven-year rule in California?
No. There is no rule that living together for seven years, or any number of years, creates a marriage. Only a licensed marriage, or a valid out-of-state marriage, makes a couple legally married in California.
We were common-law married in Texas and moved to California. Are we married?
Generally yes. Under §308 California recognizes a marriage valid where it was contracted, including a valid Texas informal marriage. You would remain married and need a divorce to end it.
What rights do unmarried couples have in California?
No automatic spousal rights. Partners who never married can address shared property through a cohabitation agreement or a Marvin claim, which is a contract theory rather than marriage.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.