Legal Question in Family Law in California

Unmarried, living together, will end

I am living with my 5 yr old son and father. We are not married. We are going through difficulties and looks like he is getting more of a temper and has showen out it recently by throwing and breaking glass. I am concerned. I want to leave but I earn quite a bit than him (I am self employed)and own the property we live in. He has been paying rent and I get the feeling he wants something out of it. He's not a loser but more like an opportunist. What are my options? What do I need to do to safeguard myself and my child?


Asked on 1/21/07, 2:15 am

1 Answer from Attorneys

Laurence Haines HainesLaw

Re: Unmarried, living together, will end

Well, as for the ownership of the property, it is yours as long as he never went on title.

Your earnings are yours as well.

If you want him out, then tell him to leave. If he refuses to leave, then you have several options.

Depending on whether he is a bonafide "renter", he may have rights under California tenant law. If he is paying month to month on an oral lease, you might have to give him 30 days notice. Otherwise, since you own the property, you can have him removed by the sheriff or police. Tread lightly on that one, as you don't want him to become violent.

It might be best to consult with a local attorney before doing any of this to clarify the law which applies and create a plan of attack prior to expressing your wishes that he leave.

Remember, since he is the father of your little boy, he has parental rights of visitation and you have the right to secure a child support order to have him pay you to help with the costs of raising your son. That would require court intervention unless he agrees to some form of payment. Either way, you are best served by getting it in writing.

Good luck.

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Answered on 1/23/07, 7:58 pm


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