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11-04-2007, 06:05 AM
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| | | Very big mess
What is the name of your state? California
My girlfriend is from Ca and was in a common law marriage (for lack of better discription) for over 30 years. they have children together and own a house. She was forced to leave state for her own protection (can be proved from court records) She has lived under his name for the past 20 years and even had her SS # under that name. She would like to know how to get her life back and her share of property owned by the 2 of them. Thank you for any advise you may offer. |
11-04-2007, 06:16 AM
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Originally Posted by Drifter  She would like to know how to get her life back and her share of property owned by the 2 of them. Thank you for any advise you may offer. | Your girlfriend needs a GOOD California attorney... both for the marriage dissolution AND for the federal violation for using someone else's SSN.
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11-04-2007, 07:16 AM
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Originally Posted by JETX Your girlfriend needs a GOOD California attorney... both for the marriage dissolution AND for the federal violation for using someone else's SSN. | Exactly. I have no idea what other advice he expected to receive.
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11-04-2007, 07:58 AM
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| | | Moburkes, If you have nothing constructive to say then please say nothing |
11-04-2007, 09:09 AM
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Originally Posted by Drifter What is the name of your state? California
My girlfriend is from Ca and was in a common law marriage (for lack of better discription) for over 30 years. they have children together and own a house. She was forced to leave state for her own protection (can be proved from court records) She has lived under his name for the past 20 years and even had her SS # under that name. She would like to know how to get her life back and her share of property owned by the 2 of them. Thank you for any advise you may offer. | I'm going to assume that you mean she used his LAST name - i.e., she was born Mary Jones, but used Mary Smith as her legal name for 20+ years. That may or may not have been kosher. In any event, the advice you received is correct. She needs to consult an attorney regarding divorce, as well as to find out whether she was legally using the last name she's been using. So no need to get snippy with other members.
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11-04-2007, 09:16 AM
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Originally Posted by Drifter Moburkes, If you have nothing constructive to say then please say nothing | My advice was constructive. Your girlfriend has been committing a crime for a number of years.
And, I don't think CA ever recognized common law marriage, so no divorce is necessary.
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11-04-2007, 10:29 AM
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Originally Posted by Drifter What is the name of your state? California
My girlfriend is from Ca and was in a common law marriage (for lack of better discription) for over 30 years. they have children together and own a house. She was forced to leave state for her own protection (can be proved from court records) She has lived under his name for the past 20 years and even had her SS # under that name. She would like to know how to get her life back and her share of property owned by the 2 of them. Thank you for any advise you may offer. | So she has, for 20 years, been accumulating her social security work/disability and retirement credits and accounts to HIM? All her pension/retirement plans and everything exist in HIS name?
As stated, CA has NO common law marriage. She has a right to her share of any co-owned RE (presuming he still owns it and it was never lost to foreclosure or quiet title action (due to her long term absence). She has NO right to any of his seperate property or his retirement accounts unless they were LEGALLY married.
Who has had custody of the children? Was dad denied legal access to his kids all this time?
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11-04-2007, 06:12 PM
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Posts: 33,493
| | | I agree with Stealth. I believe she was using her own SS number, but his last name. That is not necessarily illegal since the name was changed with the SSA....the SSA wouldn't have changed it without supporting documentation. She probably legally changed her last name.
She won't be able to go back to her maiden name without being able to change it with the SSA, so she will have to legally change it again....and, while a court order can officially change a person's last name, it means nothing in the real world unless its also changed with the SSA. |
11-04-2007, 06:22 PM
| | Senior Member | | Join Date: Apr 2007 Location: Somewhere over the rainbow
Posts: 6,080
| | | I didn't read all of the responses, but I stopped at the OP's sentence about the girlfriend being in a common law marriage in CA.
California does not and has not ever recognized common law marriages, only registered domestic parterships...and they didn't exist 30 years ago.
The OP's girlfriend needs a name change.
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11-04-2007, 08:30 PM
| | Junior Member | | Join Date: Nov 2007
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| | | I would like to thank you all for yur replies. And I di not mean for my responce to be snippy and i apoligize for that. I am truely sorry. And I truely value the replies I have recieved. thank you all so much | |
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