What are my rights for a common lawmarriageif we own2 houses together and I want to leave?

UPDATED: Aug 29, 2011

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What are my rights for a common lawmarriageif we own2 houses together and I want to leave?

I am trying to get out of this relationship with my ex but she won’t leave. We have 2 houses in both our names and been over 7 years together. I need to know my rights to get out of this. I need to know how I can get her to sell theses houses because I want to move on. She is putting me in a financial bind and making me put more money into this house which I do not want to continue with her. I don’t want to leave and ruin my credit but I need to know how I can force her to leave and sell the house. Her base pay is higher then mine but I do a lot of overtime to double what I make.

Asked on August 29, 2011 California


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There is no such thing as common law marriage in California. If you are not legally married in California and your properties are in California, then you each own the home as the title states. If you each are on the title, that means either you own them jointly or as tenants in common. If you own jointly, if one passes, it is the other's automatically. If tenants in common, you can theoretically sell your portion to someone else, and she would then own the home with that other person. So, you need to decide what you wish to do (keep the homes and buy her out or have her buy you out). Since you are not legally married, there is no other obligation to her.

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