Legal Question in Family Law in California

Property & Support Question(s)

I got married in 2/2003; but have been living, on & off w/my now husband for 13 yrs. We file separate tx returns w/2 sep. addresses. We have 2 girls (3 & 5) together. He's never wrk'd consistently but is totally mentally & physically able to. I am a CFO @ a mfg.co. & have always worked. I bought my house, prior to our marriage, which is in name only (5/01); I�m worried about this 'common law' issue, does he have the right to 1/2 of my house? Can he get spousal support from me? He has 2 Dom. violence on rec. angst me, so i assume he will NOT have the right to custody of our kids. I will allow him 2 see his kids anytime given 24-hour notice. I just do not want to have to uproot my girls, to sell the house and give him 1/2 of what he DOES NOT DESERVE. HELPPPP


Asked on 11/28/06, 1:55 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Property & Support Question(s)

Whether there is a community property interest in the house would depend upon the facts. California does not have a legal provision for common law marriage. Although common law marriages from other states are recognized. Therefore unless you have an agreement to share income etc he would have no interest in the house. As to spousal support that would be base on your ability to pay and his need. The domestic violence can be a ground for denying spousal support. You should consult with an attorney immediately. In addition to the property issues you should consider requesting a domestic violence restraining order.

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Answered on 12/02/06, 2:19 pm


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