QUESTION
Do I have a right to half of what she has or what we invested?
Asked on Feb 21st, 2013 on Divorce - California
More details to this question:
My ex-fiance and I separated a few months ago after living together for almost 6 years. we shared a joint bank account but the house is on her and father's name but I also made the payments from our joint acccount as well as shared expenses for repairs and bills and upgrades. I have a car which she cosigned for with me and the the payments come out of our joint account. So we pretty much shared everything, all my money went into the account for the bills. Now that we are separated she took the car from my sister's driveway, went through all my things and invaded my privacy because we are no longer together. When I moved out I took nothing from the house. Now she has everything and just wants me to leave her alone. Is there some type of common marriage law in CA that would give me something? She's so cold heated that I don't want anything but I dont want her to have it either.
4 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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There is no common law marriage in CA. You could file a civil suit to divide partnership assets.
Answered on Feb 25th, 2013 at 7:31 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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California does not recognize common law marriage. California community property laws only apply to couples who are legally married. You may have some right to get things that belong to you by utilizing civil courts.
Answered on Feb 25th, 2013 at 4:45 AM
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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California does not recognize common law marriages. Your claim vs. ex-fiance would be based upon joint ownership of property. You should consult with an attorney ASAP but be prepared to pay some significant fees if you want to pursue this action.
Answered on Feb 25th, 2013 at 1:16 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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There's no common law marriage in CA. You can file for your share in small claims, itemize what you are entitled to, provide proof half of the it is yours. Small claims goes up to $10,000. You can't have an attorney.
Answered on Feb 24th, 2013 at 11:43 PM