Legal Question in Family Law in California

CA Common Law Marriage

I have had a common law marriage (not recognized in CA) for more than 7 yrs. - previously went with the same person for more than 10 yrs. I have helped to update his home, with my physical labor as well as his, etc. The home however belongs to him. I am over 55 and haven't worked for 7 yrs. What are my legal rights for support and help from my partner after this time frame when I leave him? What steps should I take at this time to start this procedure?


Asked on 12/29/00, 3:46 pm

1 Answer from Attorneys
Matthew Kremer Law Offices of Matthew M. Kremer

Re: CA Common Law Marriage

It is true that the California constitution prohibits common law marriage. However, we do recognize a common law marriage that was validly created in another state. Does that help?

If not, you are not entitled to receive support or property division except under contract, not matrimonial, law.

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Answered on 1/04/01, 2:06 pm


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