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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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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: 2 years ago.
Category: Family Law
Expert:  Ely replied 2 years 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 2 years ago.
Only his name is ***** ***** deed.
Expert:  Ely replied 2 years 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 2 years 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.

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.

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Expert:  Ely replied 2 years 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!