More details to this question:
I have been living with my boyfriend for nine years. I want to leave. I have paid at least $1000 a month for eight years. We have bought household items and a car, which is in his name but was bought during the nine years.
17 ANSWERS
Common law marriage is not recognized in California.
Answered on Jul 17th, 2013 at 1:15 AM
Missouri does not recognize common law marriage.
Answered on Jun 21st, 2013 at 1:02 AM
Child Custody Attorney serving Ontario, CA
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Law Offices of Sherrie L. Davidson LLC
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There is no common laws marriage in California. This could change if you lived in another state for a period of time that has common law marriage. Otherwise, if you meet very rigid standards, you have what is called a Marvin action, which is difficult to prove. Otherwise it is a possible small claims or civil matter unless there are children involved.
Answered on Dec 21st, 2012 at 3:07 AM
Insurance Law Attorney serving Gainesville, FL
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Steven Kalishman, P.A. Law Offices
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Florida has no common law marriage or palimony. You could request equitable distribution of joint property.
Answered on Dec 21st, 2012 at 2:16 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Wisconsin does NOT recognize common-law marriage. If you have lived as husband-and-wife in another state which does recognize common-law marriage, it is possible to have a Wisconsin court recognize it under the constitutional requirement that one state honor the legal proceedings of another state. Leaving aside the common-law issue, you may well be entitled to compensation under a different legal theory. You would do well to consult an experienced lawyer. Good Luck.
Answered on Dec 21st, 2012 at 1:22 AM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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You will need to prove the two of you lived together, had an understanding that the two of you were married and held yourselves out to others as being married. If you can prove those elements, the judge will view the assets and debts as being community property and divide them between you. I suggest you hire a lawyer.
Answered on Dec 20th, 2012 at 1:21 PM
You do not have community property rights in California unless you are legally married. There is no common law. You will have to cooperate with him to divide your accumulated stuff with him.
Answered on Dec 20th, 2012 at 12:55 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You must first convince a court that there is, in fact, a common law marriage. That involves much more than you simply saying you have one and you need to consult a lawyer who can discuss the facts with you and give you advice. If you convince the judge that there is a common law marriage, the financial issues in the case will be handled exactly the same as any other marriage. That means all marital property (i.e. acquired during the marriage) and marital debts will be allocated fairly between the parties.
Answered on Dec 20th, 2012 at 12:55 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Common-law marriage no longer exists in Idaho. You might be able to claim that you had a contract to share the equity in the house because of your payments, but without a formal marriage, you don't have community property rights.
Answered on Dec 20th, 2012 at 12:55 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It depends upon what state you are in and their laws, in Michigan they are no property rights arising out of a meretricious relationship. In other states, after period of time, and holding yourself out as husband and wife they consider married.
Answered on Dec 20th, 2012 at 12:54 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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No such thing as a common law wife in CA. It's a palimony case and hard to win. All you could possibly get is the value of your nonsexual services if you can prove there was a contract. So if you cleaned the house once a week what a cleaning lady would get. Etc. if your name is also on the car you are joint owners so sell it and split the proceeds.
Answered on Dec 20th, 2012 at 12:54 PM
Arizona does not recognize common law marriage, so the family court would not have jurisdiction to divide your property. You might consider speaking with an attorney who practices general civil law to see if a "partition" action would be appropriate.
Answered on Dec 20th, 2012 at 12:54 PM
Michael Wynn
Florida does not have a common law marriage at this time. The full faith and credit act and the statutes indicate that Florida will honor a common law marriage from another jurisdiction but only up to a certain point. As to the money you have invested and the things you bought, you may be able to file a small claims action but I really don't see a cause of action from the brief description you gave. You need to contact an attorney and go over the details of your agreements with them to determiney if you have any recourse.
Answered on Dec 20th, 2012 at 12:54 PM
The State of Florida does not recognize common law marriages. You may want to look into a replevin action or a partition action if you can not get your personal property or if you own real estate together. I would consult with an attorney if you are having problems retrieving your property. You are not entitled to much but you should talk to someone.
Answered on Dec 20th, 2012 at 12:53 PM
In order to have a marriage without formalities (a "common law marriage"), you need to prove three things. First, you must prove that you lived together (the amount of time doesn't matter), then you must prove that you both had an agreement to be married. Finally, you have to show that he held you out as his spouse. If those three things are proven in court, then your marital estate (everything that the two of you acquired during the marriage) would be subject to a just and equitable division.
Answered on Dec 20th, 2012 at 12:52 PM
California does not recognize common law marriages. Your best recourse is to file suit in regular civil court, not family law court, for a distribution of any assets acquired during your relationship so long as there was at least a tacit understanding that those assets were to belong to both of you. You will not be entitled to receive spousal support or attorney fees.
Answered on Dec 20th, 2012 at 12:51 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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There is no longer any common law marriage in Florida, unless it was established in a state that has it and the parties then move to FL.
Answered on Dec 20th, 2012 at 12:10 PM