This section contains the nature of the case and procedural background.

H and Janet Forbes (W), never married to each other, lived together for more than eight years. They held themselves out to their friends and parents, and the world generally, as a married couple; W 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; they were supported by H, who always acknowledged them as his own. Their birth certificates and school registration recorded the parents as H and W. While H worked W generally stayed at home taking care of the children and the house. They accumulated some real and personal property through the earnings of H. Had they been married it would have been community property, a fact conceded by the parties. In 1971, H petitioned the superior court for 'Nullity of the marriage pursuant to Civil Code section 4001.' The trial court determined that the property should be equally divided. H appealed.

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