Legal Question in Real Estate Law in California

Whether or not the parties had a valid, recognized marriage is a question of fact and the answer should be relatively easy to determine; it would be a matter of official record in the state and county where the license was issued and the marriage was solemnized. The girlfriend should be asked, if there were a marriage, where? (It would also be helpful to know "when.") Then check the public records.

Further, two people can hold property as community property without being "officially" married if they are in a so-called "putative marriage," where one or both honestly believe they are married, but really aren't, due to some irregularity. Often, for example, someone will remarry thinking their spouse is dead or that their divorce is final, but they aren't. The second "marriage" is legally invalid and doesn't exist, but the law will treat them (often, at least) as so-called "putative spouses" and any property they've acquired thinking they were married wil be and remain community property. See Family Code section 2251 and the Law Revision Commission's lengthy and interesting comments on that section.

Additionally, as you may already know, unmarried cohabitants can give each other certain rights in property by oral or even implied promise. See the well-known "Marvin" case, for example - Marvin v. Marvin (1976) 18 Cal.3d 660. as well as many more recent cases applying and developing the Marvin principles.

I recommend that you consult with a local attorney who practices in the legal specialty of administration of estates.

Without a trust the estate and all the property must be 'probated' in court. You need to get started on that. Without a will, the court will impose the 'heirs' rules as to who gets a share of the distribution, taking into account title documents on real estate and vehicles. Heirs can file claims and opposition to anything they like, leaving it to the court to make decisions. If you are serious about hiring counsel for this, feel free to contact me.

I don't know what you mean by "vesting code." Two things are relevant here. First, is whether the parties were ever married. There cannot be community property without a valid marriage. If they never married, the girlfriend is not a putative spouse, because the putative spouse doctrine just doesn't work when the parties knew they were never married.

Second, what is important is how the parties took title. So you need to find the deed. If the property was held in joint tenancy, and they were never married, the girlfriend gets the property without the necessity of probate, and you don't have any interest in it.

My advice to you is to get the "vesting" deed, and go see an attorney.