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If I move my boyfriend in as a tenant using a rental contract, after 8 years will the community property laws take effect?

Business 3 views 1 answers
I AM DIVORCED AND HE IS WIDOWED. I DO NOT WANT TO CO-MINGLE ANY PROPERTY OWNED BY EITHER OF US. I OWN THE HOUSE UNDER MY FAMILY TRUST AND DO NOT WANT TO CHANGE THE OWNERSHIP. WITH A LANDLORD/TENANT RELATIONSHIP, ARE THERE ANY OTHER ISSUES TO BE CONCERNED WITH IN REGARD TO "COMMUNITY" PROPERTY OR COMMON LAW RELATIONSHIPS? THANK YOU CINDY

Attorney Answer

1
Kurt Elkins ·
California will recognize a valid marriage from another state such as a "common law marriage". You can not have a common law marriage that exists the entire time in California only. No community property rights will attach to property you own because you are not married. You should be aware of "Marvin" rights, In the Marvin v. Marvin case a person who was not married was able to assert rights to assets because in plain English terms the couple acted like they were married. You should consult with a local attorney for advice about your specific situation.
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