Reviewed by: Jordan Walker, J.D
Last Updated: November 2026
Key Takeaways
- California doesn’t create common law marriages, no matter how long you live together.
- Unmarried partners don’t automatically get community property, spousal support or inheritance rights.
- You can still create rights through how you title property, written agreements, estate planning or registering as domestic partners.
- A partner may be able to enforce a written, spoken or implied agreement about property or support, but strict time limits apply.
- Children’s rights don’t depend on whether their parents were married, once legal parentage is established.
- Moving in with a new partner can affect spousal support you receive from a past divorce.
Unmarried couples living together in California don’t get the legal rights of married couples automatically, no matter how long the relationship lasts. Instead, their rights come from how property is titled, any written or implied agreements, established parentage, estate planning documents, or registering as domestic partners with the state.
If you’ve just learned that California doesn’t recognize common law marriage, you might be worried about what that means for your home, your savings or your family. That’s a fair concern, especially if you’ve built a life with someone for years.
The good news is that unmarried partners aren’t left without options. Many of the protections married couples get by default can be created on purpose. This guide walks through what you have now, what you don’t, and how to protect yourself and your partner.
In this guide, we’ll explain:
- Whether California recognizes common law marriage
- What rights unmarried partners have automatically, and what they have to create
- Who owns the house and other property if you split up
- What a Marvin claim and palimony are
- How parentage, inheritance and medical decisions work for unmarried couples
- How registered domestic partnership compares to marriage
Table of Contents
- Does California Recognize Common Law Marriage?
- What Rights Do Unmarried Couples Have Automatically vs. What You Have to Create?
- Who Owns the House and Other Property When You Live Together?
- What Is a Marvin Claim?
- Can an Unmarried Partner Get Palimony or Spousal Support?
- What Is a Putative Spouse?
- What Rights Do Unmarried Parents Have?
- What Happens If an Unmarried Partner Dies or Becomes Ill?
- Does Living With a New Partner Affect Spousal Support From a Divorce?
- Registered Domestic Partnership vs. Marriage vs. Living Together
- How Can Unmarried Couples Protect Themselves?
- Example: Separating After Years of Living Together
- Common Mistakes Unmarried Couples Make
- Frequently Asked Questions About Unmarried Couples’ Rights in California
- Why California Families Choose Modern Family Law
Does California Recognize Common Law Marriage?
No. Under Cal. Fam. Code § 300, a California marriage requires both consent and a marriage license followed by a ceremony, called solemnization. Living together, sharing a last name or calling each other “husband” or “wife” doesn’t create a marriage.
There’s also no “seven-year rule.” A relationship of 7, 10 or 25 years isn’t a marriage under California law unless you completed the legal process.
There’s one important exception. Under Cal. Fam. Code § 308, California generally recognizes a marriage that was valid where it was formed, including a valid common law marriage from a state that allows them. For more on this, see our full guide to common law marriage in California.
What Rights Do Unmarried Couples Have Automatically vs. What You Have to Create?
This table shows the big difference between marriage and living together in California.
| Area | Married couples or registered domestic partners | Unmarried partners living together |
|---|---|---|
| Property bought during the relationship | Generally community property | Belongs to whoever holds title, unless there’s an agreement |
| Support after a breakup | Spousal support may be ordered | Only if there’s an enforceable agreement |
| Inheritance without a will | Spouse or partner inherits under state law | No automatic inheritance |
| Medical decisions | Spouse or registered partner is on California’s default list of decision-makers | Not on that list as a partner; an advance health care directive can name you |
| Ending the relationship | Court divorce or dissolution | No court process needed, but property disputes may end up in court |
| Children | Parentage is generally presumed | Parentage must be established, often by a simple form |
Who Owns the House and Other Property When You Live Together?
Without marriage, there’s no community property. In most cases, property belongs to the partner whose name is on the title, unless there’s an agreement that says otherwise.
Property in One Partner’s Name
If the house is only in your partner’s name, they generally own it, even if you helped with the mortgage or paid for a remodel. Your contributions don’t automatically give you an ownership share. You may still have a claim if you can show an agreement to share the home, but that usually takes evidence and sometimes a lawsuit.
Property in Both Names
If you bought a home together, how you hold title matters:
- Joint tenancy: You each own the whole property together. If one partner dies, the other usually becomes the owner automatically.
- Tenancy in common: You each own a share, which can be unequal, like 60/40. When one partner dies, their share passes under their will or trust, not automatically to the other partner.
If you split up and can’t agree on what to do with a jointly owned home, a court can order it sold or divided through a partition action. That’s typically a civil case, not a family court case. If you’re in the Bay Area, our San Jose property division lawyers and our team handling Oakland property division can explain your options.
Bank Accounts, Debts and Big Purchases
Joint accounts are generally shared based on the account terms and who contributed. Debts usually belong to whoever signed for them. A car, furniture or other purchases bought “together” can become disputes if only one name is on the paperwork, so it’s worth keeping receipts and agreeing in writing on who owns what.
What Is a Marvin Claim?
A Marvin claim is a lawsuit by one unmarried partner to enforce an agreement about property or support. It’s named after the California Supreme Court case Marvin v. Marvin (1976), which held that agreements between unmarried partners can be enforced.
The agreement can be:
- Written, like a signed cohabitation agreement
- Spoken, like a promise to share a home or support a partner
- Implied, meaning the couple’s conduct shows they agreed to share
Living together alone isn’t enough. The partner bringing the claim has to prove an actual agreement and its terms, and these cases are often filed in civil court rather than family court.
Important: Time limits apply. Claims based on a spoken or implied agreement generally must be filed within two years, and claims based on a written agreement within four years, usually counted from when the agreement was broken. If you think you have a claim, don’t wait to get advice.
Can an Unmarried Partner Get Palimony or Spousal Support?
Not automatically. California’s spousal support laws apply to married couples and registered domestic partners.
“Palimony” isn’t a separate legal category. It’s an informal term for support payments one partner seeks under a Marvin agreement. For example, a partner might claim the other promised ongoing support if they left their job to care for the home or children. A long relationship or financial dependence may help show that an agreement existed, but neither one creates a right to support by itself.
What Is a Putative Spouse?
A putative spouse is someone who believed in good faith that they were legally married, but the marriage turned out to be invalid. This can happen if the license was never filed, the officiant wasn’t authorized, or one partner was still married to someone else without the other knowing.
Under Cal. Fam. Code § 2251, a court can treat property earned during that relationship, called quasi-marital property, much like community property. This isn’t a workaround for couples who knew they never married. The belief has to be genuine and reasonable.
What Rights Do Unmarried Parents Have?
Once legal parentage is established, unmarried parents have the same rights and responsibilities as married parents. Custody, visitation and child support are decided the same way, based on the child’s best interests and California’s child support guidelines.
Unmarried parents can usually establish parentage by signing a Voluntary Declaration of Parentage, often at the hospital, or later through a court order. Learn more about establishing parentage in California, and estimate support with our California child support calculator.
If you’re separating and need a parenting plan, our Oakland child custody lawyers and our San Jose child custody team can help.
What Happens If an Unmarried Partner Dies or Becomes Ill?
This is where the gap between marriage and living together often hurts most.
- No automatic inheritance: If your partner dies without a will or trust, you generally won’t inherit under California law. Their property usually goes to their relatives.
- Beneficiary designations control: Life insurance, retirement accounts and payable-on-death accounts go to whoever is named, so keep them updated.
- Medical decisions: If your partner can’t make decisions and hasn’t named anyone, California law lets the health care provider choose a surrogate from a list that includes spouses, registered domestic partners and relatives. An unmarried partner may only qualify as a close friend (Cal. Prob. Code § 4712). An advance health care directive naming you avoids that uncertainty.
- Finances: A durable power of attorney lets your partner handle money matters if you can’t.
Does Living With a New Partner Affect Spousal Support From a Divorce?
It can. If you receive spousal support from a past marriage and move in with a new partner, Cal. Fam. Code § 4323 creates a rebuttable presumption that you need less support. That means your former spouse can ask the court to reduce or end support, and you’d have the chance to show your needs haven’t changed.
If this applies to you, it’s worth getting advice before you move in. Our teams handling spousal support in Oakland and San Jose spousal support can walk you through how cohabitation may affect your order.
Registered Domestic Partnership vs. Marriage vs. Living Together
Since January 1, 2020, any two adults who meet the requirements of Cal. Fam. Code § 297 can register as domestic partners with the California Secretary of State, regardless of gender. Both partners must be at least 18, unless a court order allows otherwise. Under California law, registered domestic partners generally have the same rights and duties as spouses.
| Marriage | Registered domestic partnership | Living together | |
|---|---|---|---|
| How it starts | License and ceremony | Filing a Declaration of Domestic Partnership with the Secretary of State | Moving in together |
| California property rules | Community property | Community property | Title and agreements control |
| Support if it ends | Spousal support possible | Partner support possible | Only by agreement |
| How it ends | Divorce | Court dissolution (or a simpler process in limited cases) | No court process required |
| Federal recognition | Yes | Not treated as marriage for some federal purposes, such as federal tax filing | No |
Because ending a registered domestic partnership usually works much like a divorce, it helps to understand that process too. Our Oakland divorce lawyers and San Jose divorce attorneys handle both. For a deeper look, see our registered domestic partnership guide.
How Can Unmarried Couples Protect Themselves?
You can create many of the protections marriage provides. Consider:
- A cohabitation agreement that spells out who owns what, how you’ll split shared costs and what happens if you separate. Learn how cohabitation agreements compare to prenups.
- Careful titling of homes, vehicles and accounts, so the paperwork matches what you both intend.
- Wills or a living trust naming each other, if that’s what you want.
- Updated beneficiary designations on life insurance and retirement accounts.
- Advance health care directives and durable powers of attorney for each partner.
- Parentage paperwork for any children.
- Registering as domestic partners if you want marriage-like rights under California law.
Example: Separating After Years of Living Together
Here’s an illustrative example, not a real case.
Alex and Priya lived together in San Jose for nine years. The condo was in Priya’s name, but Alex paid half the mortgage and covered most groceries. When they split up, Alex assumed nine years meant a 50/50 split.
Because they weren’t married, community property rules didn’t apply, and the condo stayed Priya’s. Alex had texts in which Priya agreed to “put Alex on the title once we refinance,” which supported an argument that they had an agreement. With legal help on both sides, they settled on a payment to Alex rather than going to court, well within the two-year time limit.
Common Mistakes Unmarried Couples Make
- Believing in the “seven-year rule.” Time alone doesn’t create marriage or property rights in California.
- Contributing to a home without being on the title. If you’re paying toward a property, get your interest in writing.
- Relying on spoken promises. They can be enforceable, but they’re much harder to prove.
- Skipping estate planning. Without a will or trust, a long-term partner may inherit nothing.
- Waiting too long after a breakup. Marvin claims have short deadlines.
- Assuming the other parent has no rights. Once parentage is established, both parents have rights and responsibilities.
Frequently Asked Questions About Unmarried Couples’ Rights in California
What is common law marriage in California?
California doesn’t allow couples to create a common law marriage. A marriage requires a license and a ceremony under Cal. Fam. Code § 300. However, California generally recognizes a valid common law marriage formed in another state that allows them, so a couple who moves here from one of those states may still be legally married.
Are you legally married after 7 years of living together in California?
No. There’s no time limit that turns living together into a marriage in California. Couples who have lived together for 7, 10 or more years are not married unless they got a marriage license and had it solemnized, or formed a valid marriage in another state or country.
Does my partner get half of my house if we’re not married?
Not automatically. Without marriage or a registered domestic partnership, California’s community property rules don’t apply. A home in your name generally stays yours. Your partner may still have a claim if they can prove you agreed to share it, or if their name is on the title.
Can I get palimony in California?
Possibly, but only if you can prove an enforceable agreement. Palimony is an informal term for support based on a written, spoken or implied agreement between unmarried partners. Courts won’t order support just because a relationship was long, and these claims generally must be filed within two to four years.
Do unmarried partners inherit from each other in California?
Not automatically. If an unmarried partner dies without a will or trust, California law generally passes their property to relatives, not to their partner. Unmarried couples who want to provide for each other should use wills or trusts, beneficiary designations and, for homes, the right form of title.
Do unmarried fathers have rights in California?
Yes, once parentage is established. An unmarried father can establish legal parentage by signing a Voluntary Declaration of Parentage with the other parent or through a court order. After that, he has the same right as any parent to ask for custody and visitation, and the same duty to pay support.
Do we need a divorce to end a registered domestic partnership?
Usually, yes. Ending a California registered domestic partnership generally requires a court dissolution, similar to a divorce, including property division and possible support. A simpler process is available only in limited cases, such as short partnerships with no children and few assets.
Is a cohabitation agreement legally binding in California?
Generally, yes. California courts can enforce agreements between unmarried partners about property and support, as long as the agreement is lawful and doesn’t rest on sexual services. A written agreement is much easier to prove than a spoken one, and it gives you a longer time to bring a claim.
Why California Families Choose Modern Family Law
At Modern Family Law, we focus only on family law. Our California family law offices help married couples, registered domestic partners and unmarried partners work through property, support, parentage and custody questions.
We serve families across the Bay Area from our Oakland family lawyers and San Jose family lawyers, and we’ll soon serve the North Bay from our Petaluma office, opening soon. Whether you’re planning ahead with a cohabitation agreement or separating after years together, we’ll explain your options in plain language.
Talk to a California Family Law Attorney Today
Living together without marriage can leave real gaps, but they can often be closed with the right planning. Our California family law attorneys can review your situation, explain your rights and help you protect what matters to you. Reach out to schedule a consultation with Modern Family Law.
Related Resources
- Common law marriage states: Which states still allow it
- California community property: How married couples divide property
- Pregnant and unmarried: Your parental rights explained
This article is for general information and isn’t legal advice. Laws vary by state and change over time; speak with a licensed family law attorney about your situation.
