Legal Question in Family Law in California
Rights of party in common law dissalution
What rights do I have involving division of co-owned real estate and care and custody of common law children?I being the mother.
4 Answers from Attorneys
Re: Rights of party in common law dissalution
Dear Inquirer:
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If you haven't already done so, please visit my
web site at --
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
There is no common law marriage in California. That notwithstanding, the children have the same rights to support as if you were married. Father may have rights to custody and/or visitation. In addition to any rights that may be contained in or implied by written property agreements or deeds, you may be able to establish other property rights under the principles established in the "Marvin" case.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.
Reply: Rights of party in common law dissalution
I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
Re: Rights of party in common law dissalution
i would need more facts to go on. if you email more specific facts pertaining to your case, i may be able to offer your more detailed legal assistance in this matter.
Re: Rights of party in common law dissalution
You have the ame righta as any other mother. Unless father has been determined by the court to be the father he has limited rights.
As to the division of the co-owned property you would have what ever rights are bestowed by the co-ownership agreement. Unless the agreement provides otherwise you would be presumed to own an interest equal to your fractional interest based on the number of owners on the title. That is 2 owners you would have a one half intereest in property.