Legal Question in Family Law in California

divorced but not married

My ''husband'' and I have been together for almost 27 years. We had a marriage ceremony, never filed the papers and have lived and presented ourselves as married to everyone we have known.

During our time together all earnings and assets have been in joint accounts and investments including my husbands inheritance from his mother who died in 1999.

We are splitting up and have agreed to divide all money equally and continue to co-own our house.

He has now decided that his inheritance should not be a part of the equally divided money. It has been co-mingled from the time it was received and my income has been added to our various investments over the years.

What laws apply when a couple is not legally married? Does he have a legal right to separate these funds at this point?


Asked on 11/02/07, 2:01 am

2 Answers from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: divorced but not married

He has a right to reimbursement of the inheritance. There are some limitations that may or may not apply. You should have a consultation with an attorney to get a definitive answer to your situation. Good Luck, Pat McCrary

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Answered on 11/02/07, 1:54 pm
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: divorced but not married

The general rule is that inheritance would be separate property of the person that received it during marriage. However, there are exceptions to this rule. The fact that you are claiming you weren’t married makes his argument stronger that the inheritance is his separate property. You should really consult a Family Law Attorney to discuss the details of your matter for a more definitive answer.

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Answered on 11/02/07, 4:35 pm


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