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Thoreau (T-USA)
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My significant other and I own a home together. I want to end

Customer Question

My significant other and I own a home together. I want to end the relationship and leave the home. It is in both of our names. There is no equity. He wants to keep living in the home.
My friends are urging me to talk to an attorney and not leave the home. I understand that I am legally still responsible for the pymt since the house can not be refi'd to remove my name. But I'm ok with that. Is this stupid?
Submitted: 4 years ago.
Category: Family Law
Expert:  Thoreau (T-USA) replied 4 years ago.




Thank you for your question.


When a couple lives together and invests in a home, they may both still be entitled to compensation for their contributions to the investment. In other words, even though the partners were not married, they may both still typically be owners of a home in which they mutually invested, meaning that both partners may be entitled to reap the benefits of that investment and neither party is entitled to be enriched at the expense of the other party.

Moving out of a home shouldn't typically affect the financial rights of the parties who have purchased a home together. However, before taking any action at all, it's always essential to retain an attorney.

Retaining attorney benefits you as follows:
You can retain your attorney of choice, as retaining an attorney prior to the other party prevents that party from retaining/consulting your preferred attorney first.
Your attorney can help you plan your course of action to maximize your recovery and to ensure that you receive the fair treatment you deserve.

The following article provides excellent explanations about distribution of assets for cohabitants who are separating in CA.
http://www.palimony.com/7.html


While I can control the quality of an answer, my control over the content of an answer is restrained by the truth. Please do not shoot the messenger. If you need clarification, please feel free to ask using the Reply feature.



Sincerely,


_____________________________________

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Thoreau (T-USA), Lawyer
Category: Family Law
Satisfied Customers: 9176
Experience: Attorney
Thoreau (T-USA) and 3 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
Thank you, XXXXX XXXXX and friends think I'm crazy to walk away. I don't want child support either (16yr old) If he is unable to make the pymts at some time I am willing to take over the house at that point. But really just want to be free to live a normal life.
Expert:  Thoreau (T-USA) replied 4 years ago.





I certainly understand what you're saying. However, it's important to visit your attorney so he can help you evaluate exactly what you might be giving up. In such situations, there can be substantial financial assets at stake.

Further, it's important to understand that a parent is never really "rid of" the other parent of his/her child. For the most part, the other parent may typically petition to establish visitation, custody rights, etc. if the other parent wishes to do so.

It's also important to note that child support can be a substantial sum as well and that a parent should evaluate the cost of giving up that sum and the effect it will have on a child's life. California has an online child support calculator to help individuals obtain a guesstimate as to what support might amount to at the following link.
http://www.childsup.ca.gov/Resources/CalculateChildSupport/tabid/114/Default.aspx


While I can control the quality of an answer, my control over the content of an answer is restrained by the truth. Please do not shoot the messenger. If you need clarification, please feel free to ask using the Reply feature.



Sincerely,


_____________________________________

Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information is provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential.Customeris not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. Customerdoes not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney at
Lawyers.com, Martindale, a Local Lawyer Referral Service, or a Local Legal Clinic (if you cannot afford an attorney).

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