What rights do common law couples have after seperation? 6 Answers as of September 14, 2011

We don't have "common-law" marriage in California. If the unmarried parties want to break up, one should move out. If there is a lease on the apartment, the party on the lease should be the party to stay, and the party not on the lease should be the party to vacate. If the party not on the lease refuses to vacate, the party on the lease should retain an attorney to give Notice and file an Unlawful Detainer action against the other. The best way to find the cheapest attorney to do that is to contact your local Apartment Owner's Association to find out what attorney they use - those attorneys file numerous UD cases, and handle a number of cases at the same time in the same courtroom.

"Common Law" marriages are not recognized in California. The right to stay in the apartment will depend on whose name is on the lease agreement, and who has the financial ability to comply with the lease. An apartment is not worth fighting about. Move out, get into counseling, and move on.

No common law marriage in Ca. Just a bad & sad split up of a boyfriend and girlfriend.

In California, there is no such thing as a common law marriage. If there is a domestic violence issue the party may seek a restraining order to have the other person move from the apartment.

If she is entitled to a domestic violence restraining order, she can file a motion with the court requesting that her partner be removed from the residence and to stay away from her. Please contact you local domestic violence project or women's shelter for more information.

California does not have a common law marriage. Thus, there are no rights under a common law marriage. If there is only one person on the lease, then that person can file an eviction against the other person. This would be an issue under landlord / tenant laws and rules and not under common law marriage laws.