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?
1 Answer from Attorneys
Re: Do I have any rights if i've been with the man for 14 years and never got ma
Dear Inquirer:
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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.