Legal Question in Real Estate Law in California

Re: domestic partner

No, not in CA, though the State may recognize rights from another State.

There may be contractual rights as described in the case of Marvin v. Marvin, but there would need to be some more fact finding before any conclusions could be determinsed.

If you feel you require additional assistance, please feel free to contact me at 626-578-0708 or online at www.No-Probate.com.

Re: domestic partner

There is no common-law marriage rights whatsoever. That is really not your question though. Does she have any claim in his interest in the property and how does that affect you. Whatever claim she would have would be legal based upon her interest in the title to the property. If there is no title claim that it would be an equitable claim to a portion of the property based upon either some contractual right (legal) or that her monies were used in utilized to maintain or improve the property over the last 10 years. That maintenance would go toward the mortgage on a monthly basis and improvement to the property itself. This is the midnight nightmare you don't want. Don't sell out. Don't give out. It is her burden of proof to not only claim but show in a court of law/equity her interest in that property and then only your partner's share will have to pay her off. If there is an agreement between you and he is Estate where you are to purchase his interest from the estate you should go ahead and do it. Do any thing only upon having an attorney who is expertise in real estate/estate planning/probate handle this for you. Don't do it yourself, please.I have practiced law in the San Francisco Bay area for over 30 years and feel quite confident in terms of my familiarity with your problem. If you wish to contact me to set up an appointment please call me at 925-945 -- 6000. And all

Re: domestic partner

There is no California law which provides for a common law marriage to occur. California does however recognize common law marriages that occur in other states.

Re: domestic partner

The lady's claim will probably not hold water. California does not recognize common-law marriages contracted here, and although California does recognize marriages contracted elsewhere, common law or licensed and duly solemnized, it appears from your question as though these two were "married," if at all, in California. Therefore, let's consider them an unmarried domestic partnership for purposes of answering your question.

In that case, then, living together ten years has no necessary or even likely effect on title. The community property laws do not apply.

You don't say what "land partner" means in this situation, but I assume you mean you and the other guy were tenants in common, or perhaps joint tenants of the subject property.

If you and the deceased were joint tenants, you now own the property outright.

If you and the deceased were tenants in common, you own whatever you owned before his death, and his heirs now own whatever the deceased owned. Since you say there was no will, the rules of intestate succession would determine who inherits from him -- generally, next of kin, but the rules are not quite that simple.

So, your result will be less affected by the 10-year girlfriend than by whether your ownership interest was as a joint tenant (good for you) or as a tenant in common (probably bad for you).

I suggest you see an attorney who handles administration of estates, wills, probate, etc. to have a free initial consultation re protecting your interests against not only the girlfriend but also the folks who may take by intestate succession.