Legal Question in Family Law in California
I have been dating a girl for 4 years. She has 5 kids and I have none. I was living in Las Vegas and she was renting a house in Yorba Linda CA. A year ago I bought a house in Yorba Linda and we all moved in together. (I put all the money down and the house is only in my name. Now we are considering splitting up and she said she has rights to my house. Is this true?
Please not that I have made all mortgage payments. She has just paid utilities
2 Answers from Attorneys
She does not have rights to your house simply by living with you. California abolished common law marriage in 1895. Your relationship would not have even qualified for common law marriage, even under the rule as it was recognized in the 19th century.
If you have lived together, the court will view you as unmarried cohabitants. California does recognize rights accruing from a relationship based on the ability to state and prove a "Marvin" claim, based on the doctrine enunciated in the 1976 landmark case of Marvin v. Marvin (1976) 18 Cal.3d 660. A Marvin action is a lawsuit between unmarried parties who had a contractual agreement on how to handle earnings, wealth accumulation and property that was acquired during the relationship.
If your girlfriend contributed substantial work and effort to rehab the house or invested money into the house to purchase or improve this residence,she may have civil claim to reimbursement but no claim under the family law act.
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