Legal Question in Family Law in California

Common Law

I have lived with the father of my child for almost 6 years and we own a home together (I am onn title); I am on state disability and have never worked in six years; we have not slept together for almost 3 years; he is involved with someone and so am I but for convenience we still live together because of our son; two questions; we are refinancing because he wants to take equity out to start his own business; will I be able to get a portion of his business when we split up; and also can he force me to sell the house; neither one of us can buy each other out; if and when we officially split up will the judge treat our situation as though we were married, alimony, child support etc.?


Asked on 1/22/02, 11:03 am

2 Answers from Attorneys
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Common Law

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Common Law does not apply. The case of Marvin v. Marvin does. (Look it up.) If you can prove paternity, the family court can make orders regarding custody, visitation, and child support. It has no jurisdiction with regard to spousal support or property division unless you are married.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

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Answered on 1/22/02, 8:22 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Common Law

you will not get any of his business when you break up. dont do this without seeing a lawyer first. you are about to get screwed.

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Answered on 1/22/02, 8:55 pm


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