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Old 02-23-2009, 03:55 PM
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Join Date: Feb 2009
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Having relationship with one is in divorce process


What is the name of your state (only U.S. law)?
California

Currently, my girl friend is in a relationship with a guy who does not complete yet his divorce situation. He has such complicated situation, and such a trouble wife, and by law that wife can't near by him in some distance. They will go through the next court on March 9, 09.
During the time he was preparing paper for divorce, my girl friend and him knew each other. They have moved in, and been living together for 2 months already. They are sharing accommodation, bills, and so on. The questions arose are:
Whether my friend has any problem, or any illegal relationship in that such situation?
As my understanding, under law of common-law marriage of California, a couple can't become spouse, no matter how long they live together, but the law doesn't mention about pension or property distribution. What if they break up after a while living together, do they involve anything in pension or property distribution?What is the name of your state (only U.S. law)?
  #2  
Old 02-23-2009, 04:52 PM
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Join Date: Mar 2008
Posts: 3,960
Quote:
Originally Posted by tptn View Post
What is the name of your state (only U.S. law)?
California

Currently, my girl friend is in a relationship with a guy who does not complete yet his divorce situation. He has such complicated situation, and such a trouble wife, and by law that wife can't near by him in some distance. They will go through the next court on March 9, 09.
During the time he was preparing paper for divorce, my girl friend and him knew each other. They have moved in, and been living together for 2 months already. They are sharing accommodation, bills, and so on. The questions arose are:
Whether my friend has any problem, or any illegal relationship in that such situation?
As my understanding, under law of common-law marriage of California, a couple can't become spouse, no matter how long they live together, but the law doesn't mention about pension or property distribution. What if they break up after a while living together, do they involve anything in pension or property distribution?What is the name of your state (only U.S. law)?
Moving in with someone who is still married to someone else is a huge mistake. There's little the court can do to her, but his wife's attorney can make her life difficulty by forcing her to testify, and so on.

It CAN, however, create problems for him, depending on the circumstances. While CA is very lenient on this, if there are children involved, it could affect custody.

Not to mention, of course, that it's just plain a bad idea from an emotional and/or moral perspective.

She has no property rights when she is living with him. If they live together for 20 years and the property is in his name, he doesn't have to give her a thing. She is also not entitled to any of his pension or other assets unless he chooses to put them in her name.
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