Property acquired outside the marital relation

Question 1

Common law marriage

Answer 1

1. CA does not recognize common law marriages (where people live together and hold themselves out as married), except if it is validly contracted in another state
2. relationships maybe governed by K law
3. example:
   i. HG and WW live together in CA, but are not married; they pool their money 50-50 and buy a house together, taking title “HG and WW, husband and wife”
   ii. only spouses and registered domestic partners can have CP, so HG and WW own as tenants in common owning one-half each
4. example 2:
   i. facts: B and G are dating. G asks about marriage, B says no but “if you will move in, do chores and have sex, we can have all of the benefits of marriage anyway.” G moves in, forsaking a promising acting career. B and G split 10 years later, during which time B has accumulated assets of $400k
   ii. property rights between B and G are governed by contract law (i.e. if there was a K for the CP system to apply)
   a. contracts cannot be based solely on sexual services

Question 2

Putative spouse

Answer 2

1. putative spouse: a spouse believing that they were lawfully married
   i. ex. L tells D that CA recognizes common law marriage, knowing it to be false
2. subjective belief of a putative spouse that they were lawfully married controls
3. if subjective belief of marriage exists:
   i. assets acquired during marriage are quasi-marital property and are split 50/50
   ii. if other spouse acted in bad faith, then they are not entitled to half of the innocent spouse’s property earned by labor
4. if no subjective belief of marriage exists: (i.e. D was aware they were unmarried)
   i. relationship is characterized as unmarried cohabitants
   ii. absent an express or implied K, each spouse keeps what they each acquired
5. example:
   i. D moves from TX to CA and meets L. D asks to marry L, L says no need because CA recognizes common law marriages, knowing that to be false. D relies, moving in with L for 10 years, only leaving when she learns the truth. D and L acquired property worth $200k from L’s earnings
   ii. results:
   a. there is a putative marriage
   b. the $200k is quasi-marital property, split evenly
   c. if D had any earnings from labor, there was bad faith, so L is not entitled to half