Legal Question in Family Law in California

Common law marraige

IS CA STILL A COMMON LAW STATE AND WHAT ARE MY RISKS? i'M ENDING A 71/2 YEAR RELATIONSHIP WHERE WE NEVER JOINED OUR BANK ACCTS ETC. I PURCHASED A MOBILE HOME FOR CASH ABOUT 6 YEARS AGO SO FOR ABOUT 6 YEARS OUR ONLY EXPENSES WERE SPACE RENT AND UTILITIES FOOD WHICH WE SPLIT EQUALLY. 1 YEAR AGO I PURCHASED A HOME IN MY NAME WITH MY MONEY. MY FORMER PARTNER CONTINUED TO PAY $700 MO FOR 1/2 OF HIS LIVING EXPENSES AND UPPED IT TO $900 PER MONTH A FEW MONTHS AGO. THE HOME AND ASSOC PMT ALONE ARE ABOUT $1500. I MADE THE DOWN PAYMENT AND EXCROW ON MY OWN. AM I IN TROUBLE HERE?

THANK YOU, LINDA


Asked on 4/11/02, 3:12 pm

4 Answers from Attorneys
Vishwa Johri Johri & Co

Re: Common law marraige

CA has not been a common law marriage state.

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Answered on 4/12/02, 11:15 am
Matthew Kremer Law Offices of Matthew M. Kremer

Re: Common law marraige

CA has not been a common law marriage state for, I don't know, 100 years? Common law marriage is barred in our state constitution.

We do have enforcement of contract rights between unmarried persons, known as Marvin Actions. So if you had a written or oral contract to, for example, share all property equally, he might be able to try and enforce that as a contract.

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Answered on 4/11/02, 3:16 pm
Scott K. Zimmerman Law Office of Scott K. Zimmerman

Re: Common law marraige

THERE IS NO COMMON LAW MARRIAGE IN CALIFORNIA, AND THERE NEVER HAS BEEN ANY.

YOUR PARTNER MAY HAVE A CLAIM FOR CONTRIBUTION ON THE HOUSE, IF AND ONLY IF, THE CONTRIBUTION WAS IN EXCESS OF THE FAIR RENTAL VALUE OF LIVING THERE. IT APPEARS FROM THE INFORMATION THAT YOU GAVE ME THAT THE EXPENSES OF LIVING THERE ARE IN EXCESS OF WHAT HE WAS PAYING, SO HE WILL PROBABLY HAVE NO CLAIM.

OTHERWISE, YOU NEED TO REMEMBER THAT THERE IS NO COMMON LAW ANYTHING IN CA, AND WHAT YOU BOUGHT WITH YOUR OWN MONEY IS YOURS. PERIOD.

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Answered on 4/11/02, 8:51 pm
Martin Lathrop Russakow, Ryan & Johnson

Re: Common law marraige

California law is based on the Common Law as a general rule but there is no Common Law Marriage in CA. Your ex may have a claim for contribution but there is no community property without a marriage.

You are not in trouble as long as you do not give him anything.

Thank you for your question.

Martin

ps-writing in all CAPS may give the reader the impression you are trying to imply something you may not be implying.

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Answered on 4/16/02, 1:54 pm


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