How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100580
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
Ely is online now
A new question is answered every 9 seconds

I have been in a domestic partner relationship years. We

Customer Question

i have been in a domestic partner relationship for 17 years. We have a 14 year old daughter together. He wants to kick me out and my name is ***** ***** the housenote. Do I have to leave? Do I have any rights?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) please wait to rate until I ask you to do so. It may take a few replies for me to be able to render an complete answer. I will let you know when I do.

I am sorry to hear about this situation. Can you please tell me:

1) What state is this in?
2) Is your name on the deed/lease? Or, only his?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
California
Only his name is ***** ***** deed.
Expert:  Ely replied 1 year ago.

Thank you.

Okay, this is a bit complicated - allow me a second to write out the answer. Thank you in advance for your patience.

Expert:  Ely replied 1 year ago.

Tenant at Sufferace
The presumption is that you are a tenant at sufferance. A tenant at sufferance has few rights, but one of these rights is to be evicted. So in other words, one cannot simply physically kick you out of the home. You must be evicted like a tenant who has not paid rent and first given 60 days to leave. If 60 days passes and you do not, he can pursue eviction. This is true even if you have lived together for some time.

Palimony
There is no common law marriage in CA. However, there is PALIMONY. See HERE. This is essentially an application for support after a break up of long term partners, even if not formally married. In addition, one can request child support for the child. So while he has right to ask you to leave, someone in your situation can use the threat of filing for palimony/child support as leverage to ask that he not demand this, or buy you some time, etc... or actually simply FILE for it anyhow.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith by rating me positively.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!