Legal Question in Real Estate Law in California

Does california recognize common law and what right is there to ownership of a home if any?


Asked on 3/23/12, 9:32 pm

3 Answers from Attorneys

Yes and none.

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Answered on 3/23/12, 10:57 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

California's law has, basically, three sources: (1) Its Constitution, statutes and codes - the formal written law that you can look up in a book; (2) the "common law," meaning the legal traditions of England and the United States, knowledge of which is gained from reading the published decisions of the appellate courts of California, and to a lesser extent, of the other states and the Federal courts; and (3) Spanish "civil law" has been retained to a limited degree, including our concept of "community property" in marriage.

As far as any "right" to own a home, I'd say the answer is something like "Yes and no" or "It depends on what you mean by right!" Everyone, at least those over the age of 21 and not in prison, has the right to enter the marketplace and use his money or his borrowed money to make offers on, and perhaps to buy, a home. However, there is no right to be given a home that you haven't paid for (or been given as a voluntary gift).

Finally, I'd add that there is no connection between "common law" and home ownership rights. The concept of home ownership through purchase, voluntary gift, inheritance, etc. is more or less the same under the various legal systems throughout the civilized world.

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Answered on 3/24/12, 9:08 am


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