Legal Question in Family Law in California

I was with my partner (never married) for over 20 years and had 3 children who are 18, 15 and 14. He now, in the past 2 months found another girlfriend and wants to evict my 18 year old daughter and I. Is this possible? He has also not allowed me to work for one reason or another so now I have been out of the workforce so long and cant find a job. He gives me no money not even to raise our kids that he leaves with me while he is gone for days at a time. I went to welfare and finally got money for food. I need to know if I can get money from him in any sort of way and if he can evict me?


Asked on 6/10/10, 11:20 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Now you know why it rarely to the woman's advantage to live with a guy without getting married. but you do have some options.

1. You can get a child support judgment against him for the two younger children as whether or not your were married is irrelevant for that;

2. If he made any oral promises to you to take care of you for your life or otherwise acted as though you were married, you might have a suit for palimony [you would need to speak to a divorce attorney who handles that type of suit];

3. You are not really a tenant since you do not pay rent nor never were asked to so the normal landlord/tenant rules do not apply, but you also were not a mere house guest who is a trespasser if they do not leave. So I am not really sure how he can get the two of you out. Tell him that you will leave if you get from him in writing [no more oral agreements with him] a guarantee that he will pay the rent for a suitable place, with details on what that place looks like, etc.]

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Answered on 6/11/10, 9:26 am

On point 1, Shers is right. Marriage is totally irrelevant to child support. On point 2 you don't need any huge promises in order to make a Marvin claim. If you were out of the work force by mutual agreement in order to raise the children of your relationship, a Marvin claim will probably succeed for the equivalent of spousal support.

On point 3, you don't provide enough information for Shers answer to be reliable. He makes assumptions about facts that you have not actually stated. If the house is owned, whose name it is in is key. If it's a rental, who is on the lease is key. If he is the sole owner or sole leasee, he probably can, eventually, get you thrown out.

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Answered on 6/11/10, 11:29 am


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