Legal Question in Real Estate Law in California

Is there common law in California and what rights do partners have in home ownership?


Asked on 3/24/12, 6:42 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

i presume you are asking if there is common law marriage in California; there is not. The rights in home ownership depends upon how the home was purchased and who made what amount of payments on it

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Answered on 3/24/12, 8:12 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

California's entire legal system depends heavily upon common law -- so, yes, we do have common law here. In addition, we have statutory law (made by the legislature), constitutional law under the U.S. and California Constitutions, some Federal law, and a few scattered remnants of Spanish/Mexican Civil Law. However, California has specifically rejected the notion of "common-law marriage." The closest we come is recognition of a married-like state for certain purposes when one or both partners believe in good faith that they are lawfully married, but due to some technicality they are not. The Family Code refers to them as "putative spouses" and a typical example might be when someone marries, believing she is a widow, but lo and behold her long-lost original husband is later discovered, living in a cave in Borneo.

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Answered on 3/26/12, 4:52 pm


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