Legal Question in Civil Litigation in California
common-in-law rights
I have lived common-in-law for over a year, changing hats from romantic to girl friday. i manage his home, business, personal, house and driving needs. i am considered by his friends invaluable and a saint for also putting up with his forgetfullnes, quirks, drug and alcohol addiction, and verbal abuse. His home is worth 1.5 million but he has a significant home improvement loan of $360,000. I am basically a shut in as he does not take me anywhere, stays out all night, drinking, and I am new to the area with little or no outside contacts, other than busainess. I want to leave , he is always threantening me to throw me out, but have no finances, and want to be compensated for all my extrememly significant efforts. What can I do?
4 Answers from Attorneys
Re: common-in-law rights
You could make a claim for the value of your services as unpaid wages, which would be a lot more likely to succeed than a claim for an interest acquired in his property. Unless you bought property together, or got your name onto his, there isn't much you can claim. Feel free to contact me if serious about pursuing, as you can probably get some legitimate value out of this.
Re: common-in-law rights
California does not recognize common-law marriages. Even states that do recognize it only do so for couples that have lived together much longer than one year.
I suggest re-posting your question under Family Law. Attorneys on that list may be better able to explain your rights.
Good luck.
Re: common-in-law rights
Mr. Nelson is incorrect. Mr. Hoffman is correct. California does not recognize common law marriage, and would only be recognized if you had formed the common law marriage in one of the following states: Alabama, Colorado, the District of Columbia, Iowa, Kansas, Montana, New Hampshire (posthumously), Oklahoma, Rhode Island, South Carolina, Texas, and Utah.
What you are looking at is what is known as a Marvin action. You should repost this question under Family Law as Mr. Hoffman pointed out, because Marvin actions are still heard in the family courts.
Personally I do not think you even have a Marvin action, because you have no contractual agreement to share. Your relationship is most likely to be deemed meretricious.
Very truly yours,
Re: common-in-law rights
You may have an action for "palamony" based upon the famous case involing actor Lee Marvin. Call me directly at 16192223504.
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