Legal Question in Family Law in California

Re: common lwa rights

California has no statutory for a common law marriage. However, Family code section 308 states that a marriage that is validly entered in another jurisdiction is recognized in California. Thus it would seem that a common law marriage in another state would be recognized in California.

Re: common lwa rights

I should add to my previous statement that unless you have lived in a state that has a provision for common law marriage, and you have met those requirements there is no common law marriage.

Re: common lwa rights

There is no such thing as Common Law Marriage in California and California does not recognize a Common Law marriage from another state. So, you would have no more reights to your boyfriend's assets than you would with a roommate.

Having said that, those rights could be substantial. If you co-mingled bank accounts, shared payments on the residence, or worked together in a family business, you could be entitled to 1/2 the value of these assets. You may also be entitled to an award of child support if you were to separate.

The type of action you would file in court is called an Action to Partition a Partnership.