I am on home title with domestice partner. What are my rights when asked to leave? 6 Answers as of January 24, 2011

I purchased the home with my domestic partner five years ago. We are not married but stated as CA. domestic partners. No money down with two mortgages. I am on title as joint and have been contributing my half. We have joint checking account that pays all our bills. I lost my job two months ago and have not been able to contribute my portion. He has asked me to leave. What are my rights to the home if I move out? Can I force him to buy me out? What if the house is below original value at the present time?

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Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
Your domestic partner cannot make you move from your property with me on your side.

Since documents have not been filed with the court it is very important that we speak as soon as possible, so I can evaluate your problem, and if hired protect all of your interests, hopefully without going to court.

You may find some helpful information on my website.

The best way to contact me for an immediate response is for you to call me.
Answer Applies to: California
Replied: 1/24/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
This is a complicated area of law that requires a long essay to address. I will not try to do more in a brief e-mail than to tell you that you cannot be forced to leave except through an Unlawful Detainer, or other distribution through a partition judgment from a Court action, and that you should call an Attorney for a free consultation. You may own half of the home, but what is there to buy you out of? If the house is upside down, there is no profit available from the sale of the home. If you hang onto it together, you might see some equity in a few years, though you should require your ex-partner to refinance in his own name. Otherwise, you can Quitclaim it over after he refinances it into his own name if you want to walk away. You did not put any money down, so at you would not be losing actual cash or equity if you did sign it over.
Answer Applies to: California
Replied: 1/23/2011
Diana K. Zilko, Attorney at Law
Diana K. Zilko, Attorney at Law | Diana K. Zilko
If you are both on title, you both own the property and both have the right to live there. The only real way for him to kick you out is to file for a dissolution of your domestic partnership, and seek exclusive use of the home. If you have any further questions, please let me know.
Answer Applies to: California
Replied: 1/23/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
Your question depends upon the legal status of your domestic partnership. Are you registered domestic partners? If so, the family code has been set up so that you have the same property rights as a married couple. Of course California cannot grant rights to you that would flow from the federal government, but you can file for a Dissolution of Domestic Partnership and the court will determine your property rights.

Have have worked on Dissolution of Domestic Partnership cases and would be happy to assist you. Please contact me for a free consultation.
Answer Applies to: California
Replied: 1/21/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
If you are registered domestic partners, then the California family code, as applied to dividing assets, is no different than if you were married. Based on your description of the facts, it sounds like the house is community property. Thus, any equity would be split 50/50. One partner can buy out the other partner's 50% net share. Yet, you said it has no equity. If so, then there is nothing to divide. In that situation, the parties typically try to sell the house short, to get out from under the loan. If you are not on the loan, you also have the option to walk away, assuming your partner agrees. In that case, you would quit claim on the deed in exchange for an agreement that the other party will never come back and try to seek recourse against you for the debt or any other expenses on the home.

For a more thorough analysis and consult, best to call a local family law lawyer. Good luck!
Answer Applies to: California
Replied: 1/21/2011
    Law Office of Curry & Westgate
    Law Office of Curry & Westgate | Patrick Curry
    You own half until you either sell or get bought out of the house. There is a process to force a sale, it is called partition action. The value is what ever it is, so if you owe more than its worth, there is nothing to divide.
    Answer Applies to: California
    Replied: 1/21/2011
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