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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27875
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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Domestic partner and my house

Customer Question

A couple of years back, I registered her as my domestic partner with the City I work for so that she could get medical treatment for a disease she has while she was pregnant with my child. She was unemployed at the time and going to school to get her Master's. This past January, I purchased a house and have paid for the down payment and the mortgage on my own the whole time. We verbally agreed she would move in, but she would never claim the house as hers. We are breaking up, but she refuses to move out and claims that half the house is hers. What further complicates this issue is that I'm terminating our domestic partnership with the City and I'd like to keep my house so that I can continue to have a stable home for my son. So my questions are: - What process must I follow to evict her? - Does she have a claim on the house? - Is there anything I should know about preparing for the coming child support case?

Submitted: 10 months ago.
Category: Family Law
Expert:  LawTalk replied 10 months ago.

Good afternoon Isaias,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. You state that you registered the partnership with the City. What about the state? Did you also register your partnership with the California Secretary of State?

Doug

Customer: replied 10 months ago.

Hi, Doug,


 


No. I did not file with the State of California. The City I work for does not require us to file with the state in order to offer the partner insurance coverage. They only require us to file with the City's Benefits Departments and meet certain minimal requirements regarding how long we've lived together.

Expert:  LawTalk replied 10 months ago.

Good afternoon Isaias,

Thank you for the additional information.

You are very, very fortunate that you only filed for the partnership with the city, and because you are not a same sex couple, you didn't qualify to file for a CA Registered Domestic Partnership.

A city registered domestic partnership is not considered a CA domestic partnership unless you also register with the California Secretary of State. And it is ONLY the state domestic partnership registration that invokes all the same protections to each partner as married couples enjoy---including community property.

As you are not registered with the state, and you are not married, and the real property is in your name, you may seek to evict this person after giving them notice of the termination of their tenancy---30 days if they have lived there less than 1 year, and 60 days if they have lived there more than one year.

They do not own half of the property, nor are they entitled to half of the assets acquired during the partnership---including your property.

The state does not treat this break-up as dissolution or the termination of a California Registered Domestic Partnership. Instead, you are treated as roommates would be. Each of you is entitled to take what you paid for during the relationship, and neither of you will owe support to the other based upon the ending of the relationship. There is no division of property, as there is no community property in the first place.

In terms of preparing for the coming child support case, there is nothing that you need to do, proactively. If she applies for support, it will be based on each of your incomes, and as a general rule, you can expect to pay between 15% and 20% of your income to child support for one child.

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

If you have additional questions, you may reply back to me using the Reply to Expert link and I will be happy to assist you further until your questions have been answered to your satisfaction.

I wish you the best in your future.

Doug

LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27875
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
LawTalk and 5 other Family Law Specialists are ready to help you
Expert:  LawTalk replied 10 months ago.

Thank you for your positive rating of my service, Isaias. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have, or simply ask for me by name in the first sentence of your new question:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.

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