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Cohabitation Lawyer San Diego - Divorce Lawyer, Family Law Attorney, and Mediation Services
Q. How do I
establish paternity if my mate and I have a child but
never
married?
Although the parties are not married, a father can voluntarily
declare he is the father of a child by executing a voluntary
declaration of paternity. In the event a parent denies the
paternity of a child, an action is filed to establish paternity.
Thereafter, if a party refuses to take a voluntary blood test,
the court can order blood tests or other genetic tests be taken
by the parties.
Q. My mate and I never married, what rights do I have if we
separate?
There are people who believe that common-law marriage exists
within the State of California. California does not recognize
common-law marriages. However, California recognizes certain
legal rights between couples who live together without marriage
when they have express agreements concerning assets reached
during the period of cohabitation.
Express agreements can be oral or in writing. The agreement
specifically divides assets in the event of separation. When
parties have no express agreements regarding asset distribution,
California may imply an agreement after examination of all the
circumstances and conduct of the parties while they were living
together.
In the event you have purchased real property with a mate, and
it is held as either "joint tenants" or as "tenants in common,"
family court is not the appropriate place to file an action.
Instead, you must file a "partition" action. This action is
filed in civil court.
