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In re Marriage of Cary
Court of Appeal of California
109 Cal. Rptr. 862 (1973)
- Written by Maggy Gregory, JD
Facts
Paul Cary (plaintiff) and Janet Forbes (defendant) were never married and were aware that they were not legally married, although they lived together for eight years, had four children that Janet stayed home to raise, and always held themselves out to be husband and wife on their taxes, credit applications, and all public business and consideration. Paul filed a petition for a "nullity of the marriage." The trial court determined that Janet had a one-half interest in the property acquired as a result of Paul's income during the eight years the parties had been a family unit. Paul appealed the trial court's determination.
Rule of Law
Issue
Holding and Reasoning (Elkington, J.)
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