Legal Question in Family Law in California

I have a legal domestic partnership versus marriage. My 'husband' has withheld sex from me for the last 2 - 3 years and I just found out he has also cheated on me. He wants to leave our relationship. What kind of rights do I have? I am a 40 year old woman, I have been with him for 6 years with the understanding that we would get married and start a family.


Asked on 1/29/10, 10:13 am

1 Answer from Attorneys

You say you have a "legal domestic partnership." That is not a real legal term. Do you mean you have an actual "registered domestic partnership?" Was your "husband" over the age of 62 when you formed this "legal domestic partnership?" If not, you do not have any kind of domestic partnership that is recognized under California law. Under California law only same-sex couples, and opposite-sex couples where at least one person is 62 or older can register a domestic partnership to make it "legal." Assuming you do not actually have a legally recognized domestic partnership, you have no statutory rights in the relationship. You may have a "Marvin" claim, which is sometimes referred to as a "palimony" case. Depending on how much the two of you co-mingled assets and liabilities you may also have certain fiduciary claims under laws that usually apply to business partners. There is no way to figure out if you have any of these claims in a BBS question format, however. You will need to consult with an attorney and go over all the details of your relationship and finances before you can really be advised about your rights and options.

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Answered on 2/03/10, 10:46 am


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