Legal Question in Civil Litigation in California
Promissory Estoppel Theory?
My boyfriend and I have been together a little over 8 years. We have two small children together. I moved into his home before the birth of my first child. He had a drinking problem and an explosive temper, and whenever drunk or mad, he would kick us out of the home. This happened often, so I finally moved into my own apartment with our daughter. We lived in the apartment approx. one year before my boyfriend finally talked me into moving back in with him. Prior to doing so, he signed a statement which promised that should he blow up in anger in front of his daughter again, he would move into a condo he owned, and let my daughter and I live in his home rent free for as long as we liked. Several explosive episodes and another child later, he is now trying to incorporate a move out order into a pending paternity/child support action regarding our two small children. He no longer owns the condo, and has temporarily vacated the home (moved in with his mother) until such time as I am ordered to move. I have not worked outside of the home in 6 years and do not have the money to move. I worked very hard making his house a home, caring for his home, improving the landscaping etc. and caring for our children. Do I have a case?
3 Answers from Attorneys
Re: Promissory Estoppel Theory?
He made a promise to you let you live in his house upon the occurrence of specific acts. Those acts occurred and now he has a duty to let you live in the house. You would also have the right to receive child support. If you are represented by an attorney you should immediately seek out an attorney. The court should order him to pay your attorney fees. I have assumed that the restraining order was obtained by you and not him. If he is seeking a restraining order it is imperative that you are represented by an attorney.
Re: Promissory Estoppel Theory?
I don't understand what you mean "he is now trying to incorporate a move out order." How did it happen that you were with him 8 years and had two children with him and you never demanded that he tie the knot? You may have worked very hard making the house a home, but since you are not married, under the law you have no right to community property or spousal support. Are you also telling me you have no child support order against him? Are you going to do nothing for another 8 years? What are you waiting for?
Re: Promissory Estoppel Theory?
You have a claim on community assets and for support if you file a 'divorce' proceeding.
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