comon law marriage

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comon law marriage

not married ,but lived togher for 28
years been separaded for almost 2
year ,we have a home together
would like to know if I have a right
to come back to live in my home

Asked on June 19, 2018 under Family Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A couple becomes married by common law when there is no legal ceremony but they consider themselves married and meet certain criteria. That having been said, not all states recognize such marriages and CA is one of them. Accordingly, without having entered into an officially recognized union, you are not married in the eyes of the law so there is no "marital residence". Accordingly, unless you are on the deed to the property, then you may not have any legal status that gives you the right to re-enter the premises. At this point, you should consult diretly with a local attorney who can best advise you further after hearing all of the details of your situation. 


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