Legal Question in Family Law in California
California common law & divorce
I have been living & working with a man in CA. for 18 yrs, we have a son & bought property together,in which we started a care home on that property.Now he doesn't want to pay me my 1/2 of the bus. & has a marijuana farm in there & has titled the property in his mother's name, so he will not have to be liable of anything that was due on the property of the previous business. I have moved to CO. but would like my 1/2 of the business & what it is worth, no papers were drawn up stating that he owes me 1/2 of the property if something happened with us. Is there a common law marriage angle that I would be legally right to 1/2 of the earnings or the property. I would like to sue for my part of this business if my ex will not settle this on his own. Thank you for your help.
2 Answers from Attorneys
Re: California common law & divorce
California does not have a statutory provision for common law marriage, but does recognize common law marriages from other state. Even without common law marriage you may have a cause of action for an interest in the business and other assets. A partnership can be formed through conduct alone. No writing is required. Consult with a California attorney and discuss the facts of your case.
Re: California common law & divorce
California does not recognize common law marriage. However, the Uniform Partnership Act may apply in this case, and you may be entitled to your share of the value of the business if you want him to buy your interest out. Of course, more facts are necessary to accurately determine the your rights. Please consult with an attorney further than just the question presented here.
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