Angela Martin’s Legal Blog

There are a few states in the US that recognize a “common law marriage.”  This is a situation in which a couple has lived together for so long (and meets other requirements) that the state just give in and treats them as a married couple.  What does this get you? Some property rights, a form of spousal support, and maybe more.

 California, however, does not have a “common law marriage.”  This means that if you and your significant other lived together for 20 years the state still doesn’t have to recognize this relationship when you break up.  Now, this does not mean that you are completely without recourse.  Thanks to the famous In re Marvin case, famous for Lee Marvin and Michelle Trioles’ break-up, California courts do recognize that some couples who make an agreement to support each other - may be entiteled to some remedy without an actual marriage.

This does not mean that everyone gets half their significant other’s property after a breakup.  You have to prove that (1) there was an agreement regarding either support or a property interest; and (2) this agreement could not have been based on (or contingent) on a “sexual relationship.”  (We would hate for the courts to legalize prostitution!)

So those are the general parameters.  Withuot proving some type of special arrangement (always preferably in writing) - shacking up won’t get you a dime. (generally, speaking of course).