Marriage is often seen as a legal and social institution that provides couples with rights and protections. However, not all couples choose to formalize their relationship through legal marriage. Some prefer to live as life partners without involving the government, while others hold spiritual or cultural ceremonies without obtaining a marriage license.
But what does it mean to be “married” without legal recognition? Does California recognize common law marriages? And what rights, if any, do long-term unmarried partners have? We’ll answer these questions below and explain how a family law attorney can help couples in non-legal marriages protect their interests.
What Does It Mean to Be Married But Not Legally?
The concept of being “married but not legally” refers to couples who consider themselves committed life partners but do not obtain a government-recognized marriage license. While marriage is both a personal and legal institution, some couples choose to form a deep, long-term partnership without the legal framework that comes with a state-sanctioned marriage.
Definitions of Legal vs. Non-Legal Marriage
A legal marriage occurs when a couple meets the legal requirements set by the state, including obtaining a marriage license, having an officiant perform the ceremony, and filing the marriage certificate with the appropriate government agency. Legal marriage provides spouses with automatic rights and protections, such as property rights, tax benefits, and inheritance laws.
A non-legal marriage, on the other hand, is a committed partnership that lacks state recognition. This can take many forms, such as a religious or spiritual union without a marriage license, a long-term cohabitation arrangement, or a symbolic commitment ceremony without legal documentation. While these relationships may function similarly to legal marriages in daily life, they do not grant the same legal rights and protections under California law.
Common Reasons Couples Opt Out of Legal Marriage
Many couples choose to forgo legal marriage for various personal, financial, or practical reasons. These include:
1. Personal or Philosophical Beliefs
Some individuals believe that marriage is a personal commitment that does not require government involvement. They may view marriage as a religious or spiritual bond rather than a legal contract or believe that love and partnership do not need to be validated by the state.
2. Avoiding Government Involvement
Couples who prioritize privacy or wish to minimize government oversight in their personal lives may avoid legal marriage. Some fear that legal marriage involves excessive regulation, paperwork, and potential legal complications in case of separation.
3. Financial or Tax Considerations
Legal marriage can have significant financial implications, including:
- Tax consequences: Married couples may face a “marriage penalty” in higher tax brackets or may not benefit from joint filing.
- Debt liability: In some cases, a spouse may become responsible for their partner’s debts.
- Impact on government benefits: Some individuals who receive Social Security, disability, or pension benefits may lose eligibility or receive reduced benefits if they legally marry.
4. Prior Legal Entanglements
Individuals who have been previously married may wish to avoid legal marriage again, especially if they have:
- Outstanding spousal support obligations from a prior divorce.
- Concerns about property division in the event of another separation.
- Complex family dynamics, such as obligations to children from a previous marriage.
5. Immigration Concerns
For couples where one partner is not a U.S. citizen, legal marriage can have both advantages and risks. Some individuals worry that marrying a non-citizen could lead to increased government scrutiny, visa complications, or difficulties with immigration proceedings. Others may avoid legal marriage to maintain eligibility for certain residency or visa statuses.
While these are all valid reasons to avoid legal marriage, couples need to understand that without legal recognition, they do not receive the same automatic rights and protections as legally married spouses. This makes it essential to establish legal agreements, such as cohabitation contracts or estate planning documents, to safeguard their interests.
Does California Recognize Common Law Marriage?
A common misconception is that if a couple lives together long enough, they are considered legally married. In reality, California does not recognize common law marriage.
A common law marriage is a legal status in some states where couples who live together for a certain period and present themselves as married may gain legal marriage rights without formalizing the union. However, California abolished common law marriage in 1895.
Are there exceptions?
Yes. While California does not allow couples to form a common law marriage within the state, it may recognize a common law marriage that was legally established in another state. If a couple legally formed a common law marriage in a state that permits it (such as Texas or Colorado) and then moves to California, the marriage may be recognized.
Rights and Legal Risks for Unmarried Couples in California
Unmarried couples who live together in California do not automatically receive the same legal protections as married couples. This can create challenges in several areas:
1. Property Rights
California follows community property laws for legally married couples, meaning any property acquired during the marriage is divided equally in a divorce. However, unmarried couples do not have automatic property rights.
- If an unmarried couple buys a home together, the division of ownership will depend on how the title is held. Suppose only one partner’s name is on the deed. In that case, the other partner may have no claim to the property unless they can prove financial contributions under a contract or implied agreement.
- If a couple shares financial assets, such as joint bank accounts or investments, ownership and division will be based on account agreements, not marital law.
- If one partner contributes financially to property titled in the other partner’s name, they may be able to file a Marvin claim (a type of implied contract lawsuit) to seek compensation.
Since California does not recognize common law marriage, unmarried partners should establish clear property agreements before making joint purchases.
2. Financial Responsibilities
In California, spouses have legal duties to support each other financially, both during and after marriage (such as through spousal support in divorce). However, unmarried couples have no automatic financial obligations toward one another, no matter how long they have been together.
- One partner is not entitled to financial support from the other after a breakup unless they have a written agreement stating otherwise.
- Unmarried couples are not responsible for each other’s debts unless they co-signed a loan or entered into a contract together.
- If one partner gave up their career or financially relied on the other under the expectation of shared financial benefits, they may be able to file a Marvin claim to seek compensation.
Because financial support is not guaranteed in unmarried relationships, couples should consider cohabitation agreements to clarify financial expectations.
3. Parental Rights and Child Custody
When an unmarried couple has children, both parents have legal rights and responsibilities. Still, they are not automatically assumed the way they are in marriage.
- Establishing parentage: If a child is born to unmarried parents, the mother automatically has legal custody. The father must establish legal paternity by signing a Voluntary Declaration of Parentage or obtaining a court order.
- Custody and visitation: Unmarried parents must go through the same legal process as divorcing couples to establish custody and visitation rights. Courts will decide custody based on the best interests of the child.
- Child support obligations: Both parents are legally required to provide financial support for their child. A court may order child support payments based on income and custody arrangements.
Because custody disputes can be complicated for unmarried parents, it is advisable to establish parenting plans and legal paternity as early as possible.
4. Medical and Healthcare Decisions
Unlike married couples, unmarried partners do not have the right to make medical decisions for each other in an emergency.
- If one partner becomes incapacitated and has not granted legal authority through a medical power of attorney, the other partner may be unable to access medical records or make healthcare decisions.
- Hospitals may give decision-making priority to biological family members rather than the long-term partner.
- Unmarried partners cannot automatically be covered under each other’s health insurance unless their employer allows domestic partner benefits.
To avoid these complications, unmarried couples should create advance healthcare directives and power of attorney documents to grant medical decision-making rights.
5. Inheritance Rights and Estate Planning
If a legally married person dies without a will in California, their spouse automatically inherits a significant portion of their estate under intestacy laws. However, unmarried partners are not entitled to any inheritance rights unless specified in a legal document.
- If one partner dies without a will, the surviving partner will not inherit anything unless they are listed as a beneficiary on assets such as life insurance or retirement accounts.
- Family members of the deceased may contest inheritance claims made by the surviving partner, even if they share assets.
- Without legal documentation, an unmarried partner may not even have the right to remain in a shared home if it was solely owned by the deceased partner.
To prevent these issues, unmarried couples should establish wills, trusts, and beneficiary designations to ensure financial protection.
Alternatives to Legal Marriage in California
For couples who want the benefits of marriage without the legal contract, there are several alternatives:
1. Cohabitation Agreements
A cohabitation agreement is a legally binding contract between unmarried partners that establishes financial responsibilities, property ownership, and expectations in case the relationship ends. These agreements function similarly to prenuptial agreements but apply to couples who do not intend to marry. They outline each partner’s financial contributions to shared expenses, property ownership rights, and the division of assets in the event of separation.
While cohabitation agreements can protect financial interests and clarify responsibilities, they do not grant spousal benefits such as automatic inheritance rights, access to a partner’s health insurance, or tax advantages available to married couples.
A well-drafted cohabitation agreement typically includes provisions addressing property division, financial support after a breakup, dispute resolution methods, and healthcare decision-making authority. Since California does not recognize common law marriage, a cohabitation agreement is one of the most effective ways for unmarried couples to protect their legal and financial interests.
2. Domestic Partnership
Domestic partnership registration offers another alternative to legal marriage for couples seeking certain legal protections without full marital status. California allows both opposite-sex and same-sex couples to register as domestic partners, provided they meet the eligibility requirements.
To qualify, both individuals must be at least 18 years old, share a common residence, and not be legally married or in another domestic partnership. Domestic partnerships grant some of the rights and benefits associated with marriage, including hospital visitation rights, medical decision-making authority, and inheritance rights if a partner dies without a will.
Additionally, registered domestic partners can file state taxes jointly, though they are not eligible for federal tax benefits or Social Security spousal benefits. While domestic partnerships provide significant legal recognition, they do not always offer the same level of protection as marriage, particularly in areas governed by federal law.
3. Religious or Spiritual Marriages
Some couples prefer religious or spiritual marriages that involve a commitment ceremony performed by a religious leader without obtaining a marriage license. While these ceremonies can be deeply meaningful, they do not provide any legal status unless the couple also files the necessary marriage paperwork with the state.
A religious marriage without legal recognition does not grant partners the rights and obligations of a legal marriage, such as inheritance rights, spousal support, or property division in the event of separation. If the relationship ends, partners in a non-legal religious marriage do not need to go through a formal divorce process. Still, they may face legal challenges when dividing shared assets or resolving financial disputes. Without a legal marriage, partners should consider additional legal agreements to clarify their rights and protect their interests.
4. Private Contracts
For couples who want to formalize their relationship without marriage or domestic partnership registration, private contracts can serve as an effective alternative. Custom agreements allow partners to define their financial responsibilities, property ownership, and other legal matters without involving the state in their relationship.
These contracts can address issues such as how assets will be divided, who is responsible for specific financial obligations, and whether one partner will provide financial support if the relationship ends. While these agreements can be legally enforceable, they do not grant automatic marital rights such as spousal inheritance, healthcare decision-making authority, or the ability to receive a partner’s employer-provided benefits. To ensure these agreements are legally sound, couples should consult an attorney who can draft contracts tailored to their specific needs.
How a Family Law Attorney Can Help
Navigating a long-term relationship without legal marriage can be complex. A family law attorney can help couples:
- Draft cohabitation agreements to outline financial and property rights
- Establish child custody and support arrangements
- Create healthcare directives to grant medical decision-making power
- Assist in estate planning to ensure inheritance rights
- Handle disputes over property division if the relationship ends
By working with an attorney, unmarried partners can protect their legal and financial interests.
Professional Legal Help for Unmarried Couples in California
While legal marriage provides built-in protections, some couples prefer to commit to each other without involving the government. However, California does not recognize common law marriage, and unmarried couples do not receive the same legal rights as married spouses. Without legal safeguards, couples may face challenges related to property division, financial obligations, parental rights, and medical decisions.
For those who want to ensure security in their relationship without formal marriage, cohabitation agreements, domestic partnerships, and estate planning can provide essential protections. Consulting with a family law attorney can help couples navigate these issues and ensure their rights are protected.
If you and your partner are in a committed relationship but are not legally married, it’s essential to plan for your future. Rodriguez Lagorio LLP can help you draft cohabitation agreements, establish parental rights, and handle estate planning to protect your interests. Contact us today for a consultation.
