Legal Question in Family Law in California

In West Sacramento, Calif. A man living in the same household as the woman for well over 10 years.
The house is completely in her name. Both have maintained separate jobs and accounts for the duration of the relationship. Currently she is mad and living at another residence. She had the police over so she could remove some items from the residence (entry never was denied to her; she attempted to have the police remove the man which they explained to her they would not do and could not do).
The man wishes to leave when he is financially able to leave. There is no record or history of domestic violence by the man; nor is the man aware of any current allegation of same.
Can the woman obtain a restraining order which would require the man to leave immediately, meaning before he's financially able to leave and to obtain a new residence?
What remedy(remedies) does the man have in the event she attempts to change the locks, shut-off utilities(phone, cable, gas, electricity, water) or in some other way make his living situation worse?
The man's belongings are in the home and have been for well over 10 years, it is the residence address listed on his driver's license, employment records, etc.
What legal remedies exist in the event the woman goes to court---meaning, is there a logical, available means for the man to obtain representation. As near as I can tell this is a "domestic partnership" under California law but there is no corresponding written legal agreement of same between the man and the woman.

Asked on 4/12/11, 10:44 pm

2 Answers from Attorneys

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If the man has been contributing to the household expenses, he at least has a theoretical case that he has paid rent and therefore is a boarder. That entitles him to 30-days notice, theoretically. Since he would be the sole boarder, she would not have to file an unlawful detainer. He would automatically become a trespasser after the 30-days. Other than that he has no rights to remain in the house. In no way shape or form is this a domestic partnership. A domestic partnership must be registered with the Secretary of State. It also must be between two people of the same gender, unless at least one of them is 62 or older and entitled to collect Social Security. If the man wants representation he has to hire a lawyer.

Answered on 4/13/11, 12:38 am

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