Legal Question in Family Law in California

Do I have any rights if i've been with the man for 14 years and never got marrie

I was wondering if I have any rights if I've been with a man for 14 years but never got married and since his will was made so long ago I am not in it, I was wondering if I have any rights?


Asked on 2/20/01, 1:35 pm

1 Answer from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Do I have any rights if i've been with the man for 14 years and never got ma

Dear Inquirer:

Nothing herein shall create an attorney-client

relationship, unless a written retainer agreement

is executed by the attorney and client. This

communication contains general information only.

Nothing herein shall constitute an attorney-client

communication nor legal advice. There likely are

deadlines and time-limits associated with your

case; you should contact an attorney of your

choice for legal advice specific to your personal

situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general

information about California Family Law, as well

as information about me (education, experience,

et cetera) and my office (location, hours, fees,

policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Common Law Marriage was abolished in California

long ago. However, a "common law marriage"

(marriage predicated solely on consent and

cohabitation without license and solemnization)

entered into in a jurisdiction that validates

same will be recognized for all purposes in

California. But if the out-of-state jurisdiction

does not recognize a purported common law

marriage, neither will California. Also, if the

couple has a reasonable objective belief that they

do in fact have a California Common Law marriage,

there is a split of authority as to whether it

can be recognized.

Regarding your rights, if any, under the will you

should contact a probate attorney. Maybe you

could bring a "palimony" action against the

estate. (I really don't know.)

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

Read more
Answered on 4/03/01, 6:04 pm


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