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legalgems, Lawyer
Category: Legal
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I have lived in my boyfriends home for 3 years with my 2

Customer Question

I have lived in my boyfriends home for 3 years with my 2 children. House is in his name as well as the utilities and our vehicle. I pay 1/2 of the mortgage every month, never been late or missed, the car payment as well as food and maintaining supplies in our household. We split entertainment costs evenly. Pay our own personal bills separately. What rights do I have?
Submitted: 2 months ago.
Category: Legal
Expert:  legalgems replied 2 months ago.

Thank you for your question;

when a person lives in someone's home, they are entitled to the protections of a tenant, and the owner of the house must provide notice to vacate, and proceed with the lawful eviction process (versus the "self help eviction" of changing the locks).

I can get you more information on that if you are interested in those rights.

One is also entitled to certain economic protections. The Marvin case in CA established these protections. ((1976) 18 Cal.3d 660, 684.
Basically the Marvin case allows the court to enforce even implied oral agreements when a long term couple splits; they even, under the Friedman case, can award support - (1993) 20 Cal.App.4th 876

These cases are harder to prove than written contracts and they are entirely within the judge's discretion; but generally if the party's contribution exceeded what would have been fair rental value, they would have a Marvin claim.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

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