Legal Question in Family Law in California

With some one for 13 years now separating. I bought a house 4years ago with a inheiritence from grandparents does she have any claim on it, being it wasn't a combine income that bought it? And dies common law marriage still apply in Calif.?


Asked on 3/20/13, 4:25 pm

2 Answers from Attorneys

No common law marriage in California. The closest we come is the Marvin v. Marvin case that actually applies in very few situations. If the house was bought all cash it would be yours alone even if you married. Never having married, she may have claims on you, but not to the house unless she put money into it.

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Answered on 3/20/13, 6:24 pm
Anthony Roach Law Office of Anthony A. Roach

I assume that your use of the term "with someone," means you cohabitated with someone without being lawfully married.

California doesn't recognize common law marriages, unless the common law marriage was legally entered into in another state that recognizes common law marriage.

California does recognize Marvin actions, which is not the same as common law marriage. A Marvin action is a lawsuit between unmarried parties who had a contractual agreement on how to handle earnings, wealth accumulation and property that was acquired during the relationship.

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Answered on 3/22/13, 9:42 am


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