Legal Question in Family Law in California
Common Law rules in California
I have been following the mother of my child around now for 8 years. Our situation is that I have lived on and off with her through this period
staying with her in her hard times to help support her for my child because she doesn't want to work. It has gotten to the point where I need to disconnect from her entirely because living with her has been abusive. I will always of course, provide child support above and beyond what even the courts may ask of me, however she is threatening me with this common law marriage issue which maintains will give her the right to everything I have. Yet I don't really own anything so by this law what will be her and my rights?
2 Answers from Attorneys
Re: Common Law rules in California
California does law does not have a provision for common law marriage. California does recognize common law marriages that occur in other states. You state that you have followed her around for 8 years, if you lived with in another state you should check the law in each state in which you lived with her, regarding the common law marriage status. Some states such as Texas have a very short time for living together for a common law marriage.
Re: Common Law rules in California
Go ahead and dump her. The only thing she is legally entitled to is the child support.