Legal Question in Family Law in California

Is california a common law state

If my boyfriend was forced to live with a fourteen year old and lived with her until she was eighteen, and he provided for her, were they considered common law marriage? Can she claim any rights from him, now that he lives in Texas? Can he remarry?


Asked on 5/21/01, 9:48 pm

3 Answers from Attorneys

Re: Is california a common law state

I agree with Mr. Yoakum's response and would like to answer the other part of your question - which is that although a common law marriage is entered into without formalities, the only way out of it is to file for divorce. The issue of whether there are any children of this relationship is also important because, when there are children involved, the court is more likely to find that a common law marriage exists.

Good luck and feel free to contact me if you need assistance.

Stephanie T. Shipp

Attorney at Law

Shipplaw

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Answered on 7/01/01, 1:43 pm
Jean Sudduth Jean Sudduth, Attorney at law

Re: Is california a common law state

I wonder who forced your boyfriend to live with a 14 year old? In Texas a common law marraige can be claimed when the parties hold themselves out to be married and have sexual relations. You did not mention whether there were children from this relationship. You did not mention which state he was in when he lived with her. Those to answers have a great deal to do with the answers.

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Answered on 6/27/01, 6:50 pm
Gerald R. Yoakum The Practice of Gerald R. Yoakum, P.C. A Full Service Law Firm

Re: Is california a common law state

In Texas your boyfriend is not commonlaw married to the girl, unless

1. after she turned 18 they both intended to be married

2. held themselves out to others that they where married

3. cohabitated(lived together). if they did not do all three of these things after she was 18 then they are Not married.

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Answered on 6/27/01, 7:00 pm


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