common law in california

Non-investing personal finance issues including insurance, credit, real estate, taxes, employment and legal issues such as trusts and wills
Post Reply
Topic Author
kikie
Posts: 339
Joined: Sat Apr 09, 2011 4:37 pm

common law in california

Post by kikie »

hello,

friend of mine, wants to know :
would common law apply to a older male(predeceased by 2 years), who lived as a significant other, having moving into his girlfriend's home, and lived there for 10 years, "paying rent" as it were, not sure if the rent, was considered taxable or not. eg would the boyfriend has inheritance rights to the property ?

perhaps it would only apply if the deceased order had been different ?

perhaps someone could private message me
Those who know do not speak; those who speak do not know.
chaz
Posts: 13604
Joined: Tue Feb 27, 2007 2:44 pm

Re: common law in california

Post by chaz »

Your friend must be named in the will. If no will, the property passes by intestate statute.
Chaz | | “Money is better than poverty, if only for financial reasons." Woody Allen | | http://www.bogleheads.org/wiki/index.php/Main_Page
User avatar
JamesSFO
Posts: 3241
Joined: Thu Apr 26, 2012 10:16 pm

Re: common law in california

Post by JamesSFO »

I assume you mean common law marriage?

See: http://www.cadivorce.com/news/common-la ... age-myths/

Bottom line, the main thing the person can likely do is make a Marvin claim, or a palimony claim.
User avatar
BolderBoy
Posts: 5004
Joined: Wed Apr 07, 2010 12:16 pm
Location: Colorado

Re: common law in california

Post by BolderBoy »

JamesSFO wrote:I assume you mean common law marriage?

See: http://www.cadivorce.com/news/common-la ... age-myths/

Bottom line, the main thing the person can likely do is make a Marvin claim, or a palimony claim.
I don't think these types of claims have been successful in California.
User avatar
JamesSFO
Posts: 3241
Joined: Thu Apr 26, 2012 10:16 pm

Re: common law in california

Post by JamesSFO »

BolderBoy wrote:
JamesSFO wrote:I assume you mean common law marriage?

See: http://www.cadivorce.com/news/common-la ... age-myths/

Bottom line, the main thing the person can likely do is make a Marvin claim, or a palimony claim.
I don't think these types of claims have been successful in California.
Actually Marvin claims have been successful, they aren't often, but they can be.
User avatar
BolderBoy
Posts: 5004
Joined: Wed Apr 07, 2010 12:16 pm
Location: Colorado

Re: common law in california

Post by BolderBoy »

JamesSFO wrote:Bottom line, the main thing the person can likely do is make a Marvin claim, or a palimony claim.
I don't think these types of claims have been successful in California.[/quote]

Actually Marvin claims have been successful, they aren't often, but they can be.[/quote]
I wouldn't bet on one being successful - very rare that they are. See <http://www.sandiegolawfirm.com/the-trut ... alifornia/>
chaz
Posts: 13604
Joined: Tue Feb 27, 2007 2:44 pm

Re: common law in california

Post by chaz »

Lee Marvin was sued for palimony by a former girl friend. Not an inheritance case.
Chaz | | “Money is better than poverty, if only for financial reasons." Woody Allen | | http://www.bogleheads.org/wiki/index.php/Main_Page
User avatar
JamesSFO
Posts: 3241
Joined: Thu Apr 26, 2012 10:16 pm

Re: common law in california

Post by JamesSFO »

chaz wrote:Lee Marvin was sued for palimony by a former girl friend. Not an inheritance case.
Agreed--and agreed that they are uncommon.
Post Reply