Legal Question in Family Law in California
custody/real property
What right does a person have if she is a commona law wife and have a child? and what right do i have if that other person has real property.
1 Answer from Attorneys
Re: custody/real property
Common law marriages are not recognized in California. However, parental rights are recognized, so you would have the same rights any other parent would have, regardless of marital status; but paternity may need to be proved through a DNA test. You may have no right to the other person's property. You would have to show that you are on title or that title was promised to you in return for something. If you can show this, then you may have a cognizable claim to a property interest. One of you may have a claim to palimony which is based upon an implied contract theory: implied or expressed promises to care for and support someone in return for love, affection, and psychological support.