Legal Question in Family Law in California
Today I broke up with my long-time live-in girlfriend. Since we were never married, she is wondering if she has any rights to my assets similar to those she would have if we had been married.
3 Answers from Attorneys
She does not have the same marital rights, as California does not recognize common law marriages, regardless of how long you have been together. Her rights are limited to contractual agreements that she can provide enough evidence that existed between you and her. She can talk to someone in depth about paternal rights, but the burden of proof is difficult. She can find an attorney to give her a free initial consultation to see if he has a case, but you asking a question for her when your interests are directly oppose hers could prove troublesome.
Scratch Paternal, I meant palimony. This is what happens when your 6 year-old tried to talk to you while you are answering a question!
Just to clarify Ms. Ellifritz answer: in a long term non-marital cohabitation, California law recognizes that certain rights MAY accrue through express or implied agreements. In the famous case of Marvin v. Marvin, actor Lee Marvin's long term live-in girlfriend successfully sued for personal support payments based on proving that Lee and she agreed that she would give up her career and essentially become a stay-at-home wife, just without the marriage, and he would support her. The court found that there was an implied agreement, particularly manifested in her giving up her career, that he would continue to support her if they split up, at least so long as reasonably necessary for her to become self supporting. The term "palimony" was coined to describe the order for support payments in that situation. In many modern cohabitations there may be other agreements such as joint accounts, joint purchase of assets, etc., or contribution to acquisition of assets in the other person's name, that will also be dealt with under express and implied contract principals.