Legal Question in Family Law in California
Is Common-Law marriage legal in California?
Does common law wife have any legal right/claim to the boyfriend's property. Boyfriend and ex-wife own property as community property (50-50). The ex-wife lives in the house. Is a Domestic Partner's form filed with the City give a common-law wife legal rights to boyfriend's share of the property.
1 Answer from Attorneys
Re: Is Common-Law marriage legal in California?
There is no provision in California that results in a common law marriage. California law does recognize common law marriages that result from the couple living in another state that autornizes common law marriages.
Under California, law you may have a claim based on the fact that the two of you lived together and had a contract. The filing of a Domestic Partner form with the City is evidence that there was an agreement that the two you had an agreement that followed California law for married couples.
You would have to file a complaint for enforcement of the contract in superior court. If there are children the paternity and custody would be filed in family court. The family court action could determine paternity, custody, visitation issues, and child support, but not the division of the property.
Lyle Johnson
Lyle W. Johnson Attorney at Law
152 N. Third Street, Suite 510
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