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?
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
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.
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.