I have been living in a common law marriage for 20yrs am what are my rights if we desolve our 20yr common law marriage.
Los Angeles, CA
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Posted 2 months ago in Marriage / Prenuptials
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Can he remove my son and I from the home we are now living in?
Answers (2)Richard Forrest Gould-Saltman
This attorney is licensed in California.
Posted 2 months ago.
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If you've been living with your significant other in California for the entire time, you do not have a "common law marriage"; California does not recognize "common-law marriages". If you spent some time living with him in another state, depending on the state, there MAY be a common law marriage.
Is your son also his son, and is your son under the age of 18? If so, your s.o. will have an obligation to contribute to supporting his child. If you and your s.o. own a house together, even if you're not married, you'll need to figure out what will happen with the house. You should revierw all the facts of your situation with an experienced attorney to figure out what rights you may have in this situation. Pamela Koslyn
This attorney is licensed in California.
Posted 2 months ago.
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There is no such thing in CA as a common law marriage, and so there's nothing to dissolve, but what is recognized in CA are "Marvin" claims, named after the actor Lee Marvin. A Marvin claim is a contract between two unmarried adults who have some type of agreement to share income, or property, or provide support, despite not being married. So just because you didn't get married doesn't mean you can't have an enforceable contract. In the Marvin case, the wife did give up her own acting and singing career, and the court said that the services cannot be just for sex to be compensable.
You may or may not have rights to the house you're living in, depending on your contributions and agreement with your s.o. See a family lawyer to disclose all the facts about your relationship so you can get some specific advice. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. |