comon law marriage

UPDATED: Oct 1, 2022

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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


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

Answered 4 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. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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