Separation between unmarried parents

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Separation between unmarried parents

Hello. My question is what are my legal rights
as the mother to 2 children my partner and I
have. We are not married. He bought our
house 5 years ago and I’m not on the title. We
want to separate, he says I can leave since it is
his house. What are my rights? I have a part
time minimum wage job and I have no where
else to go. Thank you in sdvabce

Asked on August 20, 2017 under Family Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unfortunately, if you are not married, you have none of the rights of married partners: e.g. no right to stay in his home, no right to a share of his assets, no right to spousal support, etc. If the home is only in his name, he can require you to leave--you are, legally speaking, a guest of his, and a guest cn be required to leave at any time.
What you can do is get child support for your children with him: marital status has no effect on it. It is possible when seeking child support to get an interim or temporary court order requiring some support to be paid starting immediately, even while the final amount is being determined, to prevent the harm to the children from being impoverished or homeless. Speak with a family law attorney IMMIEDATELY about how to seek child support.


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