Legal Question in Family Law in California
Common Law Marriage in California
Is there such a thing as common law marriage in the state of California?
2 Answers from Attorneys
Re: Common Law Marriage in California
No, but California is probably the leader in states which tend to recognize implied contracts between partners living together--think "palimony". Also, if you bought property together you may be considered "business partners" and have rights based on contract theories, as opposed to marriage/divorce laws. This is a complicated area of the law, and you may wish to check with an attorney about your individual circumstances.
Because the law is sketchy in this area, you may want to consider using mediation to discuss how to divide the property you've accumulated with your partner. If you have children together, there are laws that govern custody, support, and visitation, but mediation can also be a more peaceful way of settling your disputes in a way that also conforms with the law. Please feel free to give me a call or e-mail if I can be of further help. Good luck!
Diana Mercer
(310) 236-4400
Re: Common Law Marriage in California
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