In re Marriage of Cary
Court of Appeal of California
109 Cal. Rptr. 862 (1973)
Relevant factsFree
Paul Cary (plaintiff) and Janet Forbes (defendant) were never legally married and both knew it, yet lived together for eight years, raised four children (with Janet staying home to raise them), and consistently held themselves out as husband and wife on taxes, credit applications, and elsewhere. Paul filed a petition seeking a 'nullity of the marriage.' The trial court awarded Janet a one-half interest in the property Paul had acquired with his income during their eight years together as a family unit. Paul appealed.
IssueFree
Whether state law that eliminates the role of a party's fault in community-property distribution applies to a couple who both knew they were not legally married.