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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116716
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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What are the rights domestic partner claimed as a dependent

Customer Question

What are the rights for a domestic partner claimed as a dependent and is a full-time student receiving federal aid with no income regarding fair housing and/or relocation compensation? The partner providing support has said she has to move out without notice.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
When you say "domestic partner" is it a registered domestic partnership? Or are you just in a live in relationship?
Customer: replied 1 year ago.
I am not a registered domestic partner but he has claimed to me for 2 years on his taxes as a dependent
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If you are not in a RDP, this is a problem even if he did claim you as a dependent on his taxes the last 2 years. CA law does provide for palimony to parties living together in limited circumstances. In CA, non-marital partners have the right to enforce expressed or implied agreements for support or property sharing in the event of a separation. See: Marvin v. Marvin 18 Cal.3d 660 [134 Cal.Rptr. 815, 557 P.2d 106]
However, the key is there had to be an actual agreement expressed or implied to care for you post separation. It is a CONTRACTUAL AGREEMENT, based not on the fact you were living together as much as it is based on promises of a party to provide support and to care for you. This means statements you can prove that he said he would take care of you forever or would provide for you even after you separated. This, as you can imagine, can be very difficult to prove and it requires you proving your relationship was more than a live in boyfriend girlfriend relationship and that somehow you have to show the intent to provide for you beyond the time you are living together. The court will look at the time you were together and whether or not you provided any services to him or received anything in compensation of those services or if you both earned your own income or were able to do so.
A palimony action is a breach of contract action heard in superior court and not in family court. It is up to you to prove terms of any contract oral or written to share property accumulated during the time together.
Other than a palimony action, you would not have any real claims against a boyfriend that breaks up with a girlfriend.
Customer: replied 1 year ago.
Ok then could you please tell me what the rules/laws as far as the fact that I can't just move out today with no money, I go to school full time, no notification... What are my rights and or timeline?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If he wants you out, then he must give you notice in writing like any tenant, meaning 30 day written notice to evict. If you do not leave in that 30 days, then he can sue to evict. He cannot legally force you out today, as you are still considered a tenant in the property.
Customer: replied 1 year ago.
But according to the IRS there are 5 Requirements That have to be fulfilled in order for him to have claimed me as his dependent. By signing that IRS form he was stating that he supported me and provided for my housing. How could I be considered a tenant When he just stated on his IRS form that he was providing my housing and support?
Customer: replied 1 year ago.
His family told me to sign a statement that I wasn't a tenant for "tax purposes" saying that it was a legality since I had no income so as far as that goes since I did that does that allow him to make me leave somehow today?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
He was supporting you by paying for housing, but that is different than the laws on eviction. The law on him forcing you from the house would force him to give you notice and 30 days to leave unless this agreement said he can put you out without notice, but if all it said is it was for "tax purposes" he still needs to give you 30 day notice.