What can I d if I have lived with my fiance for 15 years but it looks as though we are splitting up and he is trying to take my key and remove me from my home?

UPDATED: Oct 2, 2022

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What can I d if I have lived with my fiance for 15 years but it looks as though we are splitting up and he is trying to take my key and remove me from my home?

We live in CA. I am 55 and partially disabled and we have 2 animals. He will not let me stay in the home; he ownes the home via a reverse mortgage. I would like to have half of the home furnishings.

Asked on August 20, 2019 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) If you are not married and are not on the home's title, you have no right to the home or to remain there: it is his home, and he can require you to leave.
2) However, while he can require you to leave, he cannot himself throw you out or take your key or change the locks on you if you don't go voluntarily. Rather, since you had been living there with his permission, he would have to bring a kind of legal action commonly called an action "for ejectment" to get a court order removing you; ejectment is how you remove "guests" (which is what you were legally, since you were a non-owner who was also not a rent-paying tenant) whom you no longer wish to remain.
3) Note that if you are on the title, regardless of any mortgages or reverse mortgages, then you are an owner and cannot be required to leave.
4) If you paid for items (e.g. furnishings), any you paid for 100% are yours; any you paid half for, you are entitled to half their value; any he paid 100% for are his. If you don't receive your share of items or their values, you could sue him, such as in small claims court, for what they are worth.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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