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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
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Experience:  Attorney with experience in family law.
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I reside in the State of California which is not a common law

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I reside in the State of California which is not a common law state.

I have cohabitated with a man in excess of 25 years. Approximately 1 year ago he had an affair with a woman and has been seeing her since then. She lives in Organ and approximately 1 month ago he left and has been with her since then in Oregon.

We own a home together as Tenants In Common. Is there any way that I can keep him from coming back and occupying this home that I live in?
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

If he will not give or sell you his share of the house, you have the option of filing suit to force a sale. If you have the ability to buy him out (or get a loan in your name), then you could ask the judge to order him to sell to you. Otherwise, the house would be sold for the reasonable market value and you would each split the profits equally. The two of you could also agree to sell the house, but it sounds like you want to stay in it.

If you just changed the locks, since he's on the deed, he could actually have them changed back. That unfortunately would not solve the problem.

The other option is to send a letter, via certified mail, explaining that you'll take him to court if necessary and giving him the option to do the right thing to avoid being dragged back to CA to go to court.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 19904
Experience: Attorney with experience in family law.
Lucy, Esq. and 12 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


Even though he has left does he have the legal right to just walk back in with his girlfriend whenever he feels like it?


 


I am not comfortable living in the same house with him!


 


Is it expensive to try and get a judgement?

Expert:  Lucy, Esq. replied 1 year ago.
I certainly understand why you wouldn't be comfortable living with him again, under the circumstances.

Because he is still the legal owner, unfortunately, yes, he could walk back in. The only thing a person has to pay to get a judgment is the filing fees. If you hire an attorney, that could get expensive, but if you go to the law library and copy some documents from the books on Real Estate Partition Actions, then it would basically be the filing fees and the costs of serving him with the paperwork.

It's possible that if you have a lawyer send him a letter, he'll agree to sell just to avoid having to spend the additional money to travel to California for court. That would likely cost a couple hundred dollars, but might an option worth considering.

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