California does not recognize common law marriage and has not since 1895. Under Cal. Fam. Code § 300, a valid marriage requires both a marriage license and a solemnization ceremony—no amount of cohabitation creates a legal marriage in California. However, if you established a valid common law marriage in another state such as Texas, Colorado, or Iowa, California will recognize that marriage under Cal. Fam. Code § 308 and you must follow standard divorce procedures to dissolve it. The filing fee is $435, and the mandatory waiting period is 6 months plus one day.
| Key Facts | Details |
|---|---|
| Common Law Marriage Recognition | Not recognized since 1895 |
| Filing Fee | $435 (as of May 2026) |
| Waiting Period | 6 months + 1 day minimum |
| Residency Requirement | 6 months in California, 3 months in county |
| Property Division | 50/50 community property |
| Out-of-State Recognition | Yes, under Full Faith and Credit |
| Alternative Protections | Putative spouse, Marvin claims, domestic partnership |
Does California Recognize Common Law Marriage?
California abolished common law marriage in 1895 and does not recognize any form of informal marriage created within the state. Under Cal. Fam. Code § 300, marriage is a civil contract requiring two elements: a valid marriage license issued by a county clerk and a solemnization ceremony performed by an authorized officiant. Living together for 7 years, 10 years, or any length of time does not create a legal marriage in California. Sharing a home address, joint bank accounts, filing taxes jointly, or having children together—none of these factors establish marital rights under California law.
The persistent myth that California recognizes common law marriage after 7 years of cohabitation has no basis in law. This misconception likely stems from confusion with other states or with California's separate property presumptions. Approximately 8 states plus the District of Columbia still recognize common law marriage, but California is not among them. Couples who believe they have a common law marriage in California have no automatic property division rights, no spousal support entitlement, and no inheritance rights that married spouses receive.
If you have lived with a partner for many years in California without a formal marriage, you are considered legally unmarried. This means that when the relationship ends, you cannot file for divorce because there is no marriage to dissolve. Instead, you must pursue other legal remedies such as Marvin claims for property division or breach of cohabitation agreement claims.
How California Treats Out-of-State Common Law Marriages
California recognizes valid common law marriages established in other states under the Full Faith and Credit Clause of the U.S. Constitution. If you created a common law marriage in Texas, Colorado, Iowa, Kansas, Montana, Rhode Island, Utah, or the District of Columbia while meeting that jurisdiction's legal requirements, California treats your relationship as a legal marriage. Under Cal. Fam. Code § 308, a marriage contracted outside California that was valid under the laws of the place where contracted is valid in California.
To prove your out-of-state common law marriage in a California divorce proceeding, you must demonstrate that you met the originating state's requirements while actually residing there. Simply visiting a common law marriage state does not establish a valid marriage. For example, Texas requires that both parties agree to be married, live together in Texas as spouses, and represent to others that they are married. Colorado requires mutual consent, cohabitation, and a reputation in the community as married. Iowa requires present intent to marry, public declaration, continuous cohabitation, and legal capacity.
| State | Common Law Marriage Requirements | Minimum Age |
|---|---|---|
| Texas | Agreement to marry + cohabitation + public representation | 18 |
| Colorado | Mutual consent + cohabitation + community reputation | 18 |
| Iowa | Present intent + public declaration + continuous cohabitation | 18 |
| Kansas | Capacity + present agreement + public holding out | 18 |
| Montana | Capacity + consent + cohabitation + reputation | 18 |
| Utah | Capacity + consent + cohabitation + reputation (court order required) | 18 |
| District of Columbia | Intent + cohabitation + public holding out | 18 |
Filing for Divorce from an Out-of-State Common Law Marriage
To file for common law divorce in California based on an out-of-state marriage, you must meet the standard residency requirements under Cal. Fam. Code § 2320. At least one spouse must have been a California resident for 6 months and a resident of the filing county for 3 months immediately preceding the petition. The filing fee is $435 for the Petition for Dissolution of Marriage, and your spouse must pay an additional $435 if they file a Response, totaling $870 in court costs.
The divorce process follows the same procedures as any California marriage dissolution. You will file a Petition for Dissolution of Marriage (Form FL-100), have your spouse served, wait the mandatory 6-month cooling-off period under Cal. Fam. Code § 2339, and divide property according to California community property rules. Under Cal. Fam. Code § 2550, community property must be divided equally (50/50) absent an agreement otherwise. All property acquired during the marriage while domiciled in California is presumed community property under Cal. Fam. Code § 760.
Your primary challenge will be proving the existence of your common law marriage. Gather evidence including: joint tax returns showing married filing status, health insurance enrollment as spouses, property deeds listing both parties as husband and wife, witness statements from friends and family, photographs from events where you presented as married, and any documentation from the state where the marriage was established.
What Is a Putative Spouse Under California Law?
A putative spouse is a person who had a good faith belief that they were legally married when the marriage was actually void or voidable. Under Cal. Fam. Code § 2251, California courts may declare a party to have putative spouse status if they genuinely believed their marriage was valid. This protection exists for situations involving technical defects such as a missing or defective marriage license, an officiant who lacked authority to perform marriages, or an unfinalized prior divorce that made one party still legally married to someone else.
Putative spouse status provides significant property rights. Property acquired during the invalid marriage that would have been community property or quasi-community property is designated quasi-marital property and must be divided according to community property rules—meaning a 50/50 split under Cal. Fam. Code § 2550. The putative spouse may also be entitled to spousal support. Additionally, a putative spouse has intestate succession rights similar to a legal spouse, meaning they can inherit property if their partner dies without a will.
To establish putative spouse status, you must prove your good faith belief was objectively reasonable. Courts examine factors including whether a ceremony was performed, whether you received what appeared to be a valid marriage license, whether you had reason to know of any defects, and how you held yourselves out to the community. Under the 2016 amendment to Cal. Fam. Code § 2251, only the spouse who actually held the good faith belief receives putative spouse protections—if you knew the marriage was invalid, you cannot claim this status.
Marvin Claims: Property Rights for Unmarried Couples
The landmark California Supreme Court decision in Marvin v. Marvin (1976) 18 Cal.3d 660 established that unmarried cohabitants can enforce express or implied agreements regarding property division and financial support. Unlike common law marriage, which California does not recognize, Marvin claims allow partners to recover assets based on contract principles rather than marital status. This doctrine provides the primary avenue for property recovery when an unmarried relationship ends in California.
A successful Marvin claim requires proving an actual agreement existed between the partners. Courts will not award property or support simply because two people lived together. You must demonstrate either an express agreement (written or oral) or an implied agreement shown through the parties' conduct. For example, if both partners contributed income to a joint account used to purchase property, or if one partner gave up career opportunities based on an understanding that they would share in the other partner's wealth, these facts may support an implied contract.
Marvin claims have important limitations. The agreement cannot be based solely on sexual services—California courts will not enforce such contracts as contrary to public policy. The statute of limitations for breach of contract applies, typically 2 years for oral contracts and 4 years for written contracts under California Code of Civil Procedure sections 339 and 337. Unlike divorce, where property division follows statutory rules, Marvin claims require costly litigation to prove the existence and terms of the agreement. Average attorney fees for Marvin litigation range from $15,000 to $75,000 depending on complexity.
Cohabitation Agreements as Preventive Protection
A cohabitation agreement is a written contract between unmarried partners that establishes property rights, financial responsibilities, and support obligations. California courts enforce cohabitation agreements when they meet general contract requirements: offer, acceptance, consideration, and lawful purpose. Unlike divorce proceedings governed by the Family Code, cohabitation agreement disputes are handled as civil contract matters in unlimited civil court.
A comprehensive cohabitation agreement should address property ownership (how assets acquired during the relationship will be characterized and divided), income sharing (whether partners will pool income or maintain separate finances), debt responsibility (who is liable for debts incurred during the relationship), real property (how the family home will be titled and what happens upon separation), support obligations (whether one partner will provide financial support to the other if the relationship ends), and dispute resolution (mediation or arbitration requirements before litigation).
The cost to draft a comprehensive cohabitation agreement ranges from $500 to $3,000 depending on complexity and attorney fees. This investment provides substantial protection compared to the $15,000 to $75,000 average cost of Marvin litigation. Partners should each retain separate counsel to avoid conflicts of interest and ensure the agreement is enforceable. Cohabitation agreements can be modified by mutual written consent and should be reviewed whenever significant financial circumstances change.
California Domestic Partnership as an Alternative
California registered domestic partners have identical rights to married spouses under state law, including community property rights, spousal support entitlements, and inheritance protections. Under Cal. Fam. Code § 297.5, registered domestic partners possess the same rights, protections, and benefits, and are subject to the same responsibilities, obligations, and duties as married spouses. Domestic partnership dissolution follows the same procedures as divorce, including the $435 filing fee and 6-month waiting period.
To register a domestic partnership in California, both partners must file a Declaration of Domestic Partnership with the Secretary of State. Requirements include: both partners must share a common residence, neither can be married or in another domestic partnership, partners must not be related by blood in a way that would prevent marriage, and both must be at least 18 years old. The registration fee is $33 for the initial filing plus an additional $23 annual renewal fee if applicable.
Domestic partnership termination can occur through a simplified administrative process or judicial dissolution. Under Cal. Fam. Code § 299, partners may file a Notice of Termination with the Secretary of State if: the partnership lasted less than 5 years, there are no children, neither partner owns real property, total assets are below statutory thresholds, debts are limited, and both partners agree to the terms. The termination becomes effective 6 months after filing. Partnerships that do not meet these requirements must be dissolved through court proceedings identical to divorce.
Property Division in California Common Law Divorce Cases
When dissolving an out-of-state common law marriage in California, property division follows the same community property rules as any marriage dissolution. Under Cal. Fam. Code § 760, all property acquired during the marriage while domiciled in California is presumed community property and must be divided equally (50/50) under Cal. Fam. Code § 2550. Property acquired before the marriage or after separation, and property received as gifts or inheritance, is characterized as separate property belonging solely to one spouse.
Quasi-community property presents a unique consideration in common law divorce cases. Property acquired while living in a non-community property state that would have been community property if acquired in California is treated as quasi-community property. Upon divorce in California, quasi-community property is divided equally just like community property. This means that wages earned and assets purchased while you lived in your common law marriage state will be subject to 50/50 division.
| Property Type | Definition | Division Rule |
|---|---|---|
| Community Property | Acquired during marriage while in California | 50/50 equal division |
| Quasi-Community Property | Acquired in non-CP state during marriage | 50/50 equal division |
| Separate Property | Acquired before marriage, after separation, or by gift/inheritance | Belongs to acquiring spouse |
| Quasi-Marital Property | Acquired by putative spouse during void marriage | 50/50 equal division |
Spousal Support in Common Law Divorce
California courts may award spousal support in common law divorce cases using the same factors applied to any marriage dissolution. Under Cal. Fam. Code § 4320, courts consider: the length of the marriage, each spouse's earning capacity, the standard of living during marriage, each spouse's needs and obligations, the age and health of each spouse, domestic violence history, tax consequences, the balance of hardships, and any other just and equitable factors.
For marriages of short duration (under 10 years), spousal support is typically limited to half the length of the marriage. For marriages of long duration (10 years or more), there is no presumption regarding duration—support may continue indefinitely depending on circumstances. Common law marriages present unique challenges in proving marriage length since there is no formal wedding date. Courts will examine evidence of when the parties began meeting common law marriage requirements in the originating state.
Temporary spousal support during divorce proceedings is calculated using county-specific formulas, typically awarding the lower-earning spouse approximately 35-40% of the higher earner's income minus 40-50% of the lower earner's income. Permanent spousal support after judgment considers the statutory factors and involves more judicial discretion. Support orders can be modified if there is a material change in circumstances such as job loss, retirement, or cohabitation with a new partner.
Child Custody and Support in Common Law Situations
Whether parents were formally married, common law married, or never married, California applies identical custody and support standards focused on the child's best interests. Under Cal. Fam. Code § 3011, courts prioritize the health, safety, and welfare of the child when making custody determinations. Parents have equal rights regardless of marital status, and unmarried fathers can establish paternity through voluntary declaration or court order.
California child support follows a statewide guideline formula under Cal. Fam. Code § 4055. The calculation considers: each parent's net disposable income, the percentage of time each parent has physical custody, tax filing status, and mandatory deductions. The guideline formula produces a presumptively correct support amount that courts can deviate from only under specific circumstances. Online calculators can estimate support, but official calculations should be confirmed with an attorney or the local child support agency.
Child custody in common law divorce cases may involve additional paternity establishment requirements. If the parents were common law married in another state and that state presumed paternity based on the marriage, California will generally recognize that presumption. If paternity is disputed, genetic testing can be ordered. Once paternity is established, custody and visitation orders proceed identically to cases involving formally married parents.
Frequently Asked Questions About Common Law Divorce in California
Does California recognize common law marriage after 7 years of living together?
No, California does not recognize common law marriage regardless of cohabitation duration. California abolished common law marriage in 1895, and under Cal. Fam. Code § 300, a valid marriage requires a marriage license and solemnization ceremony. Living together for 7 years, 10 years, or 50 years creates no marital rights in California.
Can I get a divorce in California if I have a common law marriage from Texas?
Yes, California recognizes valid common law marriages from other states under Cal. Fam. Code § 308. You must meet California's residency requirements (6 months state, 3 months county), pay the $435 filing fee, and provide evidence your Texas common law marriage was validly established. The divorce follows standard California procedures including the 6-month waiting period.
What is the difference between a putative spouse and a common law spouse?
A putative spouse genuinely believed in good faith that their marriage was legally valid when it was actually void or voidable due to technical defects. Under Cal. Fam. Code § 2251, putative spouses receive property division rights similar to legal spouses. A common law spouse entered an informal marriage valid under another state's law—California recognizes common law marriages from other states but does not create them.
How do I prove my common law marriage to a California court?
Gather evidence demonstrating you met your originating state's requirements while residing there. Useful documentation includes: joint tax returns filed as married, insurance documents listing each other as spouses, affidavits from family and friends, property deeds showing ownership as husband and wife, and photographs from events where you presented as married. The burden is on you to prove the marriage existed.
What property rights do unmarried couples have in California?
Unmarried couples have no automatic property rights in California. However, the Marvin v. Marvin (1976) decision allows partners to enforce express or implied agreements regarding property division. You must prove an actual agreement existed—courts will not divide property simply because you lived together. Alternatively, you can protect yourselves in advance with a written cohabitation agreement.
Can I get spousal support if we were never legally married?
Not through family court spousal support orders, which require a legal marriage or registered domestic partnership. However, you may be entitled to support under a Marvin claim if you can prove your partner agreed to provide financial support. Putative spouses may also receive support if they establish good faith belief in a valid marriage under Cal. Fam. Code § 2251.
How much does it cost to dissolve a common law marriage in California?
The court filing fee is $435 for the Petition, plus $435 if your spouse files a Response, totaling $870 minimum in court costs. Uncontested divorces using online document services cost $300-$1,500 total. Attorney-assisted uncontested divorces range $1,500-$5,000. Contested divorces requiring litigation average $15,000-$50,000+ depending on complexity.
What happens to property we bought together if we're not married?
Without a marriage or domestic partnership, property division depends on how title is held and any agreements between you. Property titled in one person's name belongs to that person absent a Marvin claim. Property titled jointly may be subject to partition action. A cohabitation agreement can predetermine division. Unlike divorce, there is no automatic 50/50 community property split for unmarried couples.
Is there a waiting period for common law divorce in California?
Yes, California's mandatory 6-month waiting period under Cal. Fam. Code § 2339 applies to all divorce cases, including those dissolving out-of-state common law marriages. The waiting period begins when the respondent is served with divorce papers or makes an appearance in the case. There are no exceptions or waivers to this requirement.
Should I register as domestic partners or get formally married?
Registered domestic partners have identical state-law rights to married spouses under Cal. Fam. Code § 297.5, including community property, support, and dissolution procedures. The key difference is federal recognition—only marriage provides federal benefits including Social Security survivor benefits, immigration rights, and federal tax filing status. Choose domestic partnership for state protections only, or formal marriage for comprehensive state and federal rights.