Legal Question in Family Law in California

Common law marriage or not?

A friend of mine recently purchased a home from her parents. Her parents hold the papers, so in the event of their death she will continue to pay for the house to her sisters. A male friend of hers will be moving in to help her pay the mortage. I don't know if there is a relationship involved. The man owes child support. If he lives with her for a couple of years, could she loose the house to him? Would it be considerend a common law marriage in CA if there is a relationship and there is not a contractual agreement stating that it is rent? Could the state try to take the house for back child support?


Asked on 6/10/04, 11:39 pm

1 Answer from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Common law marriage or not?

No common law marriage in California. CA will recognize a marriage from another state, however. Since house in her name, likely not connect to back child support. Palimony does exist in CA. May want written agreement under circumstances.

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Answered on 6/11/04, 11:03 am


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