Legal Question in Real Estate Law in California

Re: live in lover

It depends to some extent upon whether she has a trust and/or will, or dies intestate. It also depends upon whether your home is owned as community property, community property with right of survivorship, in joint tenancy, or otherwise.

There is really no way to answer this question, for you or for me; you don't know and probably can't find out whether she has made the new guy her heir as to property she can dispose of. So long as you are still married, she cannot dispose of your share of community property, however.

It's also difficult to say whether the man is a guest or a tenant. That is in large part a factual question, and you are unlikely to be able to dig up the facts unless they choose to discuss the matter with you.

You might want to speak to a family-law attorney about these questions, bringing with you a copy of the deed to your home and anything else of importance such as a prenuptial agreement, a joint estate plan, any trust or will that you know of, etc.; and maybe you should discuss a legal separation or divorce.

By the way, rights as a tenant are among the easier to clear up, even in a rent-controlled city. Your more serious concern is that she may make him a gift of a present interest or set him up as a prospective heir. Again, she can wheel and deal with her own interest in the house, but not yours.

Footnote: Although the Family Code prohibits a spouse from selling or encumbering or long-term-leasing community property without the consent of the other spouse, un-doing such an illegal transaction is not always easy; furthermore, I don't know whether your house is held as community property or otherwise.