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.


Asked on 5/22/03, 12:38 pm

4 Answers from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Rights of party in common law dissalution

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://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.

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Answered on 5/25/03, 6:35 pm
Brian Levy, Esq. Law Office of Brian Don Levy

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

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Answered on 5/22/03, 1:25 pm
H.M. Torrey The Law Offices of H.M. Torrey

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.

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Answered on 5/22/03, 3:42 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

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.

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Answered on 5/23/03, 12:50 am


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