Many couples believe that if they live together for a certain number of years, they are automatically considered married under common law marriage, which is one of the most common misconceptions in family law. While some states recognize common law marriages, California does not—meaning that no matter how long you and your partner have lived together, you are not legally considered married unless you have a formal marriage license and ceremony.

This misunderstanding can have significant legal consequences, especially regarding property division, spousal support, and other legal rights in the event of a breakup. Understanding the differences between common law marriage and extended cohabitation is essential for protecting your rights.

What Is Common Law Marriage?

A common law marriage is a legal arrangement in which a couple is considered married despite never formally registering their marriage with the state. In states that recognize common law marriage, couples typically must:

• Live together for a certain period of time.
• Present themselves as a married couple (referring to each other as spouses, filing joint taxes, or sharing the same last name).
• Have an intention to be married.

If these conditions are met, the couple may have the same legal rights as a formally married couple, including rights to property division and spousal support if they separate.

However, California does not recognize common law marriage. No matter how long a couple has been living together, they do not gain the same legal rights as married couples unless they take specific legal steps to establish those rights.

How Extended Cohabitation Differs from Common Law Marriage 

Couples who live together long-term without getting married are cohabitating as opposed to forming a common law marriage. While cohabitating couples often build lives together—buying homes, having children, or sharing financial responsibilities—they do not have the same legal protections as married couples in California.

This means that if a cohabitating couple separates, there are no automatic legal protections for dividing assets or seeking financial support unless they have a written agreement.

Unlike a legally married couple who undergoes divorce proceedings where assets are divided under California’s community property laws, cohabitating couples generally:

• Do not automatically share ownership of assets, even if acquired during the relationship.
• Cannot seek spousal support (alimony) unless there is a contractual agreement (sometimes known as a Marvin claim).

This can lead to complications if one partner contributed financially to a shared home, business, or other major purchases without having their name on legal documents.

Which Is Easier to Handle in Family Law: Common Law Marriage or Cohabitation?

In many ways, common law marriages are easier to handle in family law because they grant partners similar rights as legally married couples when it comes to property division and spousal support. In states that recognize common law marriage, a couple that separates can often go through the traditional divorce process to fairly divide assets and resolve financial issues.

On the other hand, cohabitating couples in California face a more complex process because their separation is handled more like a business dispute than a family law case. Since California courts do not recognize common law marriage, cohabitating couples must rely on legal contracts, property deeds, and financial records to determine asset division.

A cohabitation agreement can be a helpful tool for couples who want to protect their financial interests while cohabitating. Similar to a prenuptial agreement, a cohabitation agreement can outline:

• How assets will be divided in case of a breakup.
• Each partner’s financial contributions to shared expenses.
• Whether either partner will receive financial support if the relationship ends.

Without this type of agreement, disputes over property and financial support can be much harder to resolve, often requiring lengthy legal battles.

Protecting Your Rights as a Cohabitating Couple

If you and your partner are living together without marriage, it’s important to understand that California law will not automatically grant you the rights of a married couple. To protect yourself legally, consider:

• Drafting a cohabitation agreement to clarify financial responsibilities and asset division.
• Ensuring both partners are on property titles when purchasing a home together.
• Establishing parental rights if you have children together, including custody and child support agreements.

At JWB Family Law, we help cohabitating couples navigate their legal rights and ensure their interests are protected. Whether you’re considering moving in together, facing a separation, or need legal guidance on property disputes, our team is here to assist you.

Contact us today at (619) 777-5843 to schedule a consultation and learn how we can help you safeguard your future.