Legal Question in Real Estate Law in California

Your question is a little skimpy on details, but let me give you a sort of broad-brush response and you'll either have your answer or some clues as to what additional information to put in a follow-up question.

First, buying a home is a two-step process (or more), starting with entering into a purchase contract with the seller, then, usually a few weeks later, doing a close of escrow which is a process that includes recording a deed from the seller(s) to the buyer(s). It could be that the name or names on the contract differ from the name or names on the deed as grantee(s). If yours is the only name on the deed, it is very highly likely that you are the sole owner, both legally and equitably. However, if the partner contributed to the down payment, the partner may have an equitable claim for a pro-rata share of ownership.

So, let's assume for now that you are the unquestioned sole owner. The next issue will be the partner's legal status as a non-owner occupant of the home. I think there are three possibilities: tenant, lodger, and guest. Here are short definitions that are off the top of my head, and not necessarily legally precise.

A tenant is someone holding a right under a lease or rental agreement to possession of a definite parcel, such as a farm, a house, a condominium or an apartment. A roommate can be a (co)tenant or (sub)tenant as well, but the hallmark of tenancy is a right to occupancy of a distinct space to the exclusion of the owner or landlord.

A lodger is someone who has a contract (license), which can be oral or quite informal, to live in another person's residence, for a valuable consideration, but where the owner or tenant retains right of access to all rooms.

A guest is similar to a lodger, but whose permission to stay is probably not based on money or other valuable consideration, but upon friendship, etc.

It's probably most likely that your partner is a guest, but the other categories are also possible.

"There are special statutory provisions regarding the dispossession of a person who contracts with the owner of an owner-occupied dwelling unit for the occupation of a room or for room and board when the owner has only one such lodger and the owner retains the right of access and control of the unit occupied by the lodger. In such cases, the hiring of the room can be terminated by either party giving a notice of termination to the other party. The notice must be given prior to the expiration of the term of the hiring as specified in the statute and must be served on the other party in the same manner as that required by a landlord or by certified or registered mail, restricted delivery, return receipt requested.

Upon expiration of the notice period, the right of the lodger to remain in the dwelling unit terminates by operation of law, and the lodger who remains beyond the notice period is guilty of an infraction. The owner or his or her court-appointed conservator, executor, administrator, or representative may have the hold-over lodger arrested for the offense or may make a citizen's arrest and receive the assistance of a peace officer for the physical removal of the lodger from the premises. An owner who takes this action will not be liable for a forcible entry, but each party retains any rights against the other for damages for breach of contract. These remedies are in addition to any other remedy available to the owner for the recovery of possession. If the lodger leaves personal property on the premises, the owner can dispose of the property in the same manner as a landlord can dispose of a tenant's personal property." (Foregoing quoted from a prominent treatise on real estate law)

As to removal of a guest, they have even lesser rights than a lodger, as there is no legally cognizable relationship; a guest ceases to be a guest and becomes a trespasser whenever the host decides the guest is no longer welcome, although as a practical matter the host will have to give some kind of reasonable notice to the overstaying guest that it's time to hit the road.

Removal of trespassers is a police matter, and they should assist you in an appropriate situation. Finally, abuse of a domestic partner is illegal under a separate set of laws and probably entitles you to a TRO, stay-away order, etc. in addition to the relief discussed above. Ask at the local courthouse.

If he has hit you, or you fear he will hurt you again, you can have him removed with a restraining order. It sounds like he is a guest and there is no landlord-tenant relationship. Have you asked the person to leave?

Best,

Daniel Bakondi, Esq.

The Law Office of Daniel Bakondi

870 Market Street, Suite 1161

San Francisco CA 94102

[email protected]

415-450-0424

No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.

Whipple writes a good textbook but gave you little help. If there is truely domestic violence going on, your immediate solution is a Domestic Violence Restraining Order. You can get started with the Riverside County Superior Court's website at: http://www.riverside.courts.ca.gov/familylaw.htm The domestic violence aspects of family law are the same for unmarried cohabitants as married couples and domestic partners.