Common-law wife question

[fnouri]

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.

[dyermaker]

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.

[CaterpillarGirl]

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

[moimeme]

Huh? I thought the biggest 'palimony' case of all was tried in California!

[CaterpillarGirl]

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

[fnouri]

Thanks everyone. We both lived in CA when we started dating. Thanks for your advice.

[reasontosigh]

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.