Many couples today choose to build a life together without getting married, assuming that their long-term commitment offers them legal security. This assumption is dangerous. Jos Family Law wants to ensure you have the correct information: California does not recognize common law marriage. No matter how many years you live together, you do not automatically acquire the property rights or support rights of a spouse. Understanding the specific legal standing of unmarried couples is essential for protecting your assets and avoiding financial devastation after a breakup.
The term California Common Law Marriage is frequently searched, but legally, it is a null set. In a divorce, community property laws ensure that assets acquired during the marriage are divided 50/50. For unmarried couples, there is no such rule. If you spend ten years helping your partner pay the mortgage on a house titled in their name, you generally have no claim to that property if you split up. You are viewed by the law as two separate individuals with separate assets, regardless of your emotional bond or shared history.
The only exception to this rule comes from civil contract law, not family law. These cases are called "Marvin actions." To win a Marvin claim, you must prove that you and your partner had a valid contract—either written or oral—to share assets or provide support. Proving an oral contract is incredibly difficult. You have to convince a civil judge that your conversations about "building a future together" constituted a binding financial agreement. These lawsuits are expensive, time-consuming, and notoriously difficult to win compared to the straightforward division of assets in a divorce.
The best way to secure your rights is not to rely on vague promises or the passage of time, but to sign a Cohabitation Agreement. This is a legal contract that defines exactly how you will handle finances during the relationship and how you will divide them if you separate. It allows you to create your own safety net since the state does not provide one for you. You can stipulate who keeps the house, how debts are shared, and if any support will be paid.
Don't leave your financial future to chance. If you are in a committed relationship but not married, you need to take legal steps to define your partnership.
To establish a clear agreement for your relationship, visit Jos Family Law. https://josfamilylaw.com/