Legal Question in Family Law in California

12 years and no rights?

I have a friend at work who has lived with the same man for over 12 years. They got a house together (in only his name, of course) and it was a fixer-upper. She has invested almost 20,000 of her own money in the repairs to this property. A few months ago, he talked her into shredding all of her credit card statements and cancelled checks. She did this willingly, as she had no idea that he was going to ''turn'' on her. Now he is telling her to get out. We looked up common-law marriage on the web and were both shocked to see that California does not recognize this. Does she have any rights whatsoever? What can she do to get some of the money back that she invested in this property, as she has no rights as a ''wife''.

I would appreciate your help!


Asked on 6/07/03, 2:16 am

4 Answers from Attorneys

Rhonda D. Beers, Esq. Law Office of Rhonda D. Beers

Re: 12 years and no rights?

If they have children, she would still be entitled to support. She would have to pursue the money matters in a civil court, most likely for breach of contract, depending upon what the parties talked about. It is impossible to give any specific advice, because there are so many unanswered questions. She may need to contact others who may have records of these transactions - a tax preparer, the credit card company, the bank (statements). But it will be hard to go back 12 years. She may have only enough evidence to pursue the matter in small claims, which you would not need an attorney for, and you don't have to worry about an attorney on the other side. Good luck.

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Answered on 6/07/03, 2:46 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: 12 years and no rights?

from the facts given so far, your friend would not have standing as a "common law wife" for recovery in this matter as you so accurately researched regarding the lack of recognition of common law marriages in california. however, your friend would appear to have very VALID claims for breach of contract (express or implied) or for unjust enrichment in which she could at least get back the money she has invested into the home for improvements, etc..

if your friend would like further legal assistance and/or representation in this matter, please email me back directly with how she may like to proceed from here. thanks for your question.

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Answered on 6/07/03, 3:25 pm
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: 12 years and no rights?

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Contact an experienced Family Law attorney in the county where they live for specific advice and possible representation on her behalf. If they have kids there are issues of child custody and support. The property issues may be the subject of a Marvin action or breach of contract action.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 6/07/03, 4:17 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: 12 years and no rights?

I suggest that your friend consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.net

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Answered on 6/07/03, 7:34 pm


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