Legal Question in Family Law in California

Is common law recognized in california? Also, if I am involved with another person for the past ten years, we have four kids together, and she had never worked, AND I bought a house, once we split, is she entitled to any part of my house?


Asked on 9/24/12, 6:00 pm

2 Answers from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

Common law marriage does not exist in California. Your house division will be a civil litigation action if she claims any interest or contribution to the house.

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Answered on 9/24/12, 6:33 pm

Ms. Kock is right. I would just add that whether or not she is entitled to any part of the house or any other claims will depend on a number of factual issues. California does not recognize common law marriage, but we do have legal precedent for unmarried co-habitants to claim quasi marital rights based on contract and promissory estoppel theories - so-called "Marvin" claims named after the case of actor Lee Marvin and his unmarried partner. You will need to sit down and go over the details of the relationship history and finances with a family law attorney, before you can have any real assurance of what your situation is.

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Answered on 9/25/12, 6:12 pm


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