fnouri Posted April 9, 2004 Share Posted April 9, 2004 My finace of 6 years and I are about to break up our relationship (I posted the details back in January). The issue is that I own a house. I was wondering, under the laws of California, is she entitled to anything? Can she claim a common-law wife status, and take things such as alimony or half of the house? What if I can proof her infidelity (she cheated on me)? Thanks for your help. Link to post Share on other sites
dyermaker Posted April 9, 2004 Share Posted April 9, 2004 It's possible that someone can answer this here, but it would be absolutely best if you talk to a lawyer who specializes in this stuff. Link to post Share on other sites
CaterpillarGirl Posted April 9, 2004 Share Posted April 9, 2004 Common law marriages are not recognized in California. To those interested, they are in: Alabama Colorado District of Columbia Georgia (if created before 1/1/97) Idaho (if created before 1/1/96) Iowa Kansas Montana New Hampshire (for inheritance purposes only) Ohio (if created before 10/10/91) Oklahoma Pennsylvania Rhode Island South Carolina Texas Utah Link to post Share on other sites
moimeme Posted April 9, 2004 Share Posted April 9, 2004 Huh? I thought the biggest 'palimony' case of all was tried in California! Link to post Share on other sites
CaterpillarGirl Posted April 9, 2004 Share Posted April 9, 2004 Let me clarify. If a couple is living in a state which recognizes their common law marriage and then they move to California, California may recognize that marriage as such. In this particular poster's case, it appears he was living in California for the duration of their relationship, but I could be mistaken. http://family-law.freeadvice.com/commonlawmarriage.htm Link to post Share on other sites
Author fnouri Posted April 10, 2004 Author Share Posted April 10, 2004 Thanks everyone. We both lived in CA when we started dating. Thanks for your advice. Link to post Share on other sites
reasontosigh Posted April 10, 2004 Share Posted April 10, 2004 If she was the one who cheated on you, and you feel the need for legal action of some sort, you could file an "alienation of affection" suit. They can be won, but it does require absolute proof and a damn good lawyer. That's why I suggest not doing so unless there is a great need for it, such as her filing a legal action against you. You could then file a counterclaim under that charge. Link to post Share on other sites
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