Cary v. Cary

Opinion

ELKINGTON, J.

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.

*348Paul 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…