Legal Question in Wills and Trusts in California

if me and my wife are getting separated, because we where never married what are my rights throughout the process?


Asked on 9/29/10, 3:35 pm

2 Answers from Attorneys

Eliz. C. A. Johnson Eliz. C. A. Johnson

If you were not legally married, she is not your wife.

There may be a common law spouse issue depending on how long you were together but if that does not apply, and there are no children, what are your concerns specifically? Your question does not give enough detail.

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Answered on 10/04/10, 3:42 pm
Rosemary Meagher-Leonard Law Office of Rosemary Meagher-Leonard

According to your post, you and your partner are not married. California does not recognize common law marriage. So, I am unsure as to what process you are referring to. If the two of you have an agreement concerning property rights or support, you would have rights set forth in that agreement. If you and your partner own property together, you have rights as any joint owner would. If there are children involved, you can petition the family law court for orders concerning custody, visitation and support. More information is needed to fully respond to your question.

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Answered on 10/04/10, 4:42 pm


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