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Cohabitation Lawyer San Diego - Divorce Lawyer, Family Law Attorney, and Mediation Services
San Diego Divorce Lawyer - Cohabitation
 

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.


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