Legal Question in Family Law in California
My partner and I haven't been in a healthy relationship for many years. We are not married. I've explained to her that it's best to separate and go our own ways but she doesn't understand that and does not want to move on. We have been living together for the past 8yrs and have three children together. How can I proceed with the separation although she refuses to leave or go live anywhere else unless I pay her rent.
1 Answer from Attorneys
This reply to your question should not be construed as replacing the legal advice you procure in a confidential office consultation with an attorney skilled in the area of family law.
Even though you are not married, you may have personal items and( if appropriate) real estate to divide. The key legal issue raised in your question involves the children. A paternity action can be filed to establish your parental rights. From your zip code, it seems that you are in San Mateo County. The family law courts are in Redwood City CA. Along with filing a paternity case, you can file a motion to deal with setting up a custody and visitation arrangement with the other parent.
If you are living peacefully together in the same house you both own, then a civil action may be required to establish your legal rights to the house and how to divide this asset. If you are renters, an attorney assisting you on the family law matter may wish to try and negotiate who remains in the dwelling along with a parenting plan for the children. Ending any relationship married or otherwise is difficult. Being gentle but clear and persistent about disentangling your living situation is the first step you have taken. Hiring a veteran family law attorney to help you navigate through the court process to protect you and your children's rights should be the next step.