Legal Question in Family Law in California

I am married to an american citizen and had moved to canada as a family and now in the process of divorce.We were living in California for 10 years . A year and a half was commanlaw. Been in Canada for 4 years now. What r my legal rights to his Social Security?


Asked on 11/17/10, 9:16 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

First of all, California does not recognize common law marriage, unless the common law marriage was entered into in a State that legally recognized common law marriage. If you are claiming that you had a common law marriage in California, that is not a legally valid claim.

California law is preempted by U.S. Federal law with respect to social security. (Marriage of Hillerman (1980) 109 Cal.App.3d 334.)

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Answered on 11/26/10, 4:20 pm


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