Legal Question in Mediation in California

Partition

I have been with my partner for 25 years, living together for 15 years he asked me to marry him then he backed out. Now we are going through a separation but we have accumulated 2 homes and a business together. He moved out of one of our properties and now wants to trade residences. I am not feeling good about what his intentions might be. I made a list of things that I would like to trade out of both houses and I will consider moving. He wants me to leave everything so he can sell the house and then he said after it is sold I can take them. I know that won't be the case he is sneaky and not the least bit honest. Is common law still i effect. He is telling me that I don't have any rights. Our business is 50/50 owners and he holds the title President is he entitled to more money than me after our separation. We have always shared the money even though I gave him a larger sum, because the loans on the properties were in his name. I am on the deed on both properties. I am anxious to hear your reply. He is trying to use a scare tactic on me and is getting angrier by the minute that I won't move.


Asked on 9/04/08, 2:00 pm

2 Answers from Attorneys
Daniel Bakondi The Law Office of Daniel Bakondi

Re: Partition

You should hire a lawyer immediately. A lawyer needs to go through all ownership of all your assets, and his, and determine who has what arguable rights and interests to what. Nobody can make an assessment from your paragraph summary. Every document needs to be reviewed. Then, a lawyer can negotiate and resolve this matter with your best interests in mind through a binding agreement, or through litigation. This is about all I should say publicly. You may contact me if you want me to help.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this attorney, or any communication from this attorney, and nothing constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

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Answered on 9/04/08, 2:17 pm
Anna Niemann Pro-Active Mediation

Re: Partition

There exists no "marriage" by common law in California to enforce community property rights. The "palimony" cases are based upon a theory of implied contract. Dissolution of business partnerships, however, are governed by both contract law and the Corporations Code in California. A writing is not necessary to create a business partnership, and a court can deduce the terms of the partnership from the conduct of the parties (those actions indicating an intent to be bound by the agreement) I strongly urge mediation to reach a fair and enforceable settlement. Whether or not you both agree to mediation, you need to obtain independent appraisals of the property(approx. $150-$250 per, depending on your market) to ensure that the division of assets is reasonable. The fixtures or other personalty should be separately inventoried so you can establish exactly what you are receiving and giving up.

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Answered on 9/04/08, 6:36 pm


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