Legal Question in Real Estate Law in California

I broke up with my boyfriend of 15 years 9 months ago due to infidelity. We have 2 small children together and a home that we purchased together 3 years ago that he is currently living in. He is not making the payments on the house or the HOA fees and the house is pending foreclosure. He has changed the locks on the property several times within the last 9 months and doesn't allow me access to it at all. Everything I own is still inside (all furniture, appliances, dishes, etc). He does not want to work this out and literally treats me like I don't exist. I do not get any support from him whatsoever. I am a single mom living with my mother and 2 kids. What are my rights? Can I "Quitclaim Deed" the property over into his name only without any negative feedback from the mortgage note? (We are both currently on title) Refinancing is NOT an option for me. I need help desperately!!! We are in the state of California. Thank you.


Asked on 10/23/10, 12:55 pm

2 Answers from Attorneys

If you are on the mortgage it is going to follow you unless the mortgage is paid off. You need an attorney on this right away. You have a right to child support, possibly partner suppport under Marvin v. Marvin, a right to your personal property, an equal right to occupy the property, the right to rents from him for locking you out, and the right to force him to pay the mortgage and sell the house or turn it over to you.

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Answered on 10/28/10, 1:07 pm
Anthony Roach Law Office of Anthony A. Roach

It's not clear how you hold title, but his changing the locks on you and forcing you out is a clear cut case of ouster. As Mr. McCormick states, you at least have a case for Ouster, and other rights. You should speak to an attorney.

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Answered on 10/28/10, 4:16 pm


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