Legal Question in Family Law in California
Marriage or Common Law or Neither
I went through a marriage ceremony 6 1/2 years ago, however, my ''wife'' and I never completed the lab test required for a marriage license, so one was never filed at the Recorder's Office. Are we legally married? If not, is there a time frame in which common law would come into effect? I purchased a house at the beginning of our relationship. She was required to sign a quick claim deed for the mortgage company. We are separating and I need to know if she is entitled to 1/2 of the house. I have paid all the bills without her help.
Thank you for your assistance in this matter.
1 Answer from Attorneys
Re: Marriage or Common Law or Neither
Although your marriage is "voidable", you may still be treated as "putative spouses", meaning the court will divide property and order support as though the marriage was valid.
Even if this were a regular, valid, marriage, you would still have ownership of the house. You might have to pay her some money under a Moore/Marsden formula, but that will be fairly minimal as it is tied to reduction of principle on the mortgage.
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