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I have a problem with my live in boyfreind. I am a homerowner.

Customer Question

I have a problem with my live in boyfreind. I am a homerowner. I own most of the assets including 2 of our 4 cars the house, all the credit cards, bank accounts, and investment accounts. On November 20 2010 we had a major disagreement where he claimed that our 2 children were not his and I ad been cheating. He had no actual proof (because there was no affair). Regardless he already signed his POP form int he hospital. I served him with a 60 day notice to vacate because the relationship was over.

The following day he agreed that we would work it out and that he wasn't moving out. I tentatively agreed and for 2 months we had no further arguments at all and everything was pretty good. On January 30, 2011, we got into another argument where again he accused me of cheating and lying to him (again with no proof). He told me that he wasn't moving out althpough the relationship was over because half the assets are his.

Although everything except for 2 cars is in my name and we are NOT married, he believes that he is entitled to half of the assets. He states that he is entitled to half of the house among other things and refuses to move out unless I pay him an unnamed amount of cash. I am pretty sure this is not true, even under "common law" marriage because we have only been together since January of 2008.

I was just wondering what sort of defense I have against the threats and negative behavior, especially because the kids are starting to get wind of the problems and I don't want them exposed to all of this.

I need him to move out and move on. Is my 60 day notice to vacate still valid despite our verbal agreement to try and work things out or do I have to do that all over again? Is he really entitled to half of the assets even though everything is in my name and we are not married?
Submitted: 3 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 3 years ago.
California does not recognize common law marriages. Without a marriage license, he is not your husband and is not entitled to any community property (50%). The most he would be entitled to is his amount of contributions to your property (with proof of contributions) otherwise his contributions can be treated as gifts (or rent if he agreed to contribute as a condition to stay at your property).

60 Days is plenty of time. If he fails to vacate the next step would be to file an unlawful detainer action to evict him. You will be given a judgment and he will have about 3 to 5 days to voluntarily leave before the sheriff can be used to "escort" him out. You would need to resend a new 60 days notice because your agreement to work things out meant you changed your mind with the request to vacate the first time around. Make sure you keep copies of everything you send and have a third party (who can serve as witness) give him the notice to vacate (to avoid possibly lying on his part).





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JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
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Customer: replied 3 years ago.

Ok, so I understand all of your reply.

 

Regarding the contributions to my property, to me it is a little complicated. This is how we worked it out fromn the beginning. Before purchasing the house he told me that he wanted me to handle all of the finances. As a result, he paid me $3700 cash for moving expenses. This cash was not documented in any way, but he did give it to me and it was intended to assist with the down payment. I couldn't end up using it for down payment becuase the loan officer said it would be too complicated, so instead it was used for appliance purchases etc. However, the money was deposited into my account and then the purchases were made using my bank account.

 

After that, he continued to provide me cash to pay for expenses on a biweekly basis. This went into my account, where I paid his medical bills, his half of the food, utilities, daycare and mortgage etc. After awhile his contributions began to decline due to a tax levy and some other prior issues that garnished his check. However he continued to provide me with cash. As far as documentation, all bills were paid from accounts in my name, including his medical bills and IRS installment arrangements. Any reserve funds came from my own savings (I saved my tax credit I received in 2009 for FHA from the IRS). He now states that he is entitled to 50% of the savings I had and that I owe him for all the cash he gave me since June of 2009. Out of all the cash he gave me, about $3000 went to contributions to the home such as the appliances some landscaping, and some paving that he did. Of course he did spend quite a bit of time completing these projects. I'm not sure if I he is entitled to any of this since he was just handing over cash and the payments were made out of my accounts.

 

Regardless, I want to be fair and civil, but he is at a point right now where I don't know exactly what to do to settle this. So I need to know what his is likely to be legally entitled to as far as these contributions he has made. If I understand correctly, because we are not married, this is probably the only matter I need to adress aside from a new 60 day notice to vacate (which will mean 60 days of misery for me and the kids).

 

Expert:  Attorney & Mediator replied 3 years ago.
It is not complicated at all because the burden of proof is upon him to prove he made the contributions to the house. It is not your job to present the evidence. Further those contributions can be considered gift or payment of rent. Again without evidence of an agreement that you were to pay him back or that he is entitled to 50%, he is entitled to nothing as these can be considered gifts to the house. Of course you can reimbursement for those costs (at the fair market value) if you like. He is not a spouse so not entitled to anything without evidence of contributions.

Hope this clears things up for you.



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Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.


Customer: replied 3 years ago.

Well, He already managed to take $4000 of the reserve funds I mentioned I had from my tax credit from the IRS because he had given him access to it. I have no idea where it is so if I were to provide reimbursement it would be to not dispute the fact that he took this money from me without my consent.

 

I really don't think I have any recourse for attempting to get that $4000 back because I was irresponsible by putting it in the family safe instead of keeping it in a bank account so, therefore I assume he could say it never existed or that he never took it.

 

Anyway, I guess the best thing to do is just to give him the 60 day notice to vacate again and not worry about anything else because he isn't entitlted to anything from me unless he can prove it.

 

Thanks.

Expert:  Attorney & Mediator replied 3 years ago.
Yes, the best thing is to proceed with the eviction. Since he had access to the account, he is legally entitled to take the funds from there so yes unfortunately it be hard to prove this. It is better a lesson learned.

All the best to you.




_______________________________________________

Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Customer: replied 3 years ago.

Hi.

 

I was just doing some research and I found something that stated that I may not even have to begin the eviction process because their was no lease and we were romantically involved. It stated that because I could terminate the romantic relationship at any time, I could also terminate the informal living arrangements at any time.

 

In other words, Do I really have to provide the 60 notice and proceed like that when there were no formal leasing arrangements in the first place? My thoughts are that if I provide another 60 day notice he will likely damage the house extensively and likely take things with him that are not exactly his to take. He will probably try to damage as much as he can beyond repair.

Expert:  Attorney & Mediator replied 3 years ago.
You need to evict him because he "paid" to stay in that house, meaning appliances, etc...the police is not going to consider him a trespasser when he can claim he paid and stayed there beyond 30 days. A tenant is typically considered if they stay 30 days or more, especially when they gave something to help with the household. 60 days is typically given for someone who has lived there one year or more. Otherwise if he has been there for less 30 days notice is sufficient. Take pictures of your property as it is now, so that if he damages you can show the difference.



_______________________________________________

Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

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