Cary v. Cary

The principal issue presented by this appeal concerns California’s Family Law Act (Civ. Code, § § 4000-5138, inclusive, sometimes hereafter the “Act”), effective January 1, 1970, which provides among other things that the concept of individual “fault,” or “guilt,” or “punishment” for such human error, shall not be considered in determining family property rights.

*348 Paul Cary and Janet Forbes, never married to each Other, lived together for more than eight yeárs. During that time they held themselves out to their friends and parents, and to the world generally, as a married couple; she always used the name of Cary. They purchased a home and other property, borrowed money, obtained credit, filed joint income tax returns and otherwise conducted all business as husband and wife. Both knew that they were not married; they had talked several times about a wedding ceremony, but somehow they never got around to it. Four children were born to Paul and Janet; they were supported by Paul who always acknowledged them as his own. Their birth certificates and school registration recorded the parents as Paul and Janet Cary. While Paul worked Janet generally stayed at home taking…