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What is the woman's rights?

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AgentPsycho

Guest
What is the name of your state? CA

I have a sister-in-law who has been living with her "husband" for 11 years. They are now separating but I don't think they ever got a proper marriage certificate. She had two children with him.

During their time together, he would always use her name to carry debt and bills. (i.e. used her name/ssn to purchase a car, get credit cards, pg&e bill, phone bill, etc.)

They recently sold a house, and he deposited the money into his personal savings account. They are now separating and I would like to know what her rights are in California? I understand that the husband and wife split 50/50 on all assets. But what if the marriage certificate was improperly filled out?

Also, will she be able to ask for custody of her child and alimony?

Thanks for your help.
 
Last edited:


VeronicaGia

Senior Member
CA does not recognize common law marriage, so if they were not married she doesn't have the rights of a soon to be ex-wife.

Did he forge her signature? Did she do anything about it at the time or just let it slide?

Was the house in his name only or was it titled jointly? If it was in his name only, it is his house and he can do whatever he wants with the money.

She can ask for custody, and so can he. If they were not married, she cannot ask foor alimony.
 

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