Real Estate Law
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Good afternoon. My name is ***** ***** I look forward to helping you.
Can you provide me a bit more information? Are you on the title to the house? Thanks.
Thanks for replying. If you have a common law marriage and you purchased this property while in that common law marriage, then this would be community property whether or not it is your fiance's name. And, since it's community property, you own 1/2 of it and have every right to remain in the house. Although you can't stop him from filing a petition with the court to seek an eviction order, you would get notice of such a hearing and should attend to contest his petition based on your common law marriage. Based on your common law marriage, the judge will dismiss the petition and you will be allowed to remain.
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Thanks for following. He is not legally entitled to take any steps to "constructively" evict you without the court issuing the eviction order. Any effort to do so by changing the locks, shutting off utilities, etc. constitute an illegal eviction and you should call the police. Only if a court issues an eviction order can he force you to leave. If you were to divorce, then you would deal with the house in your divorce settlement.