Legal Question in Real Estate Law in California

I am not married to the woman I once lived together with and we purchased a home that I pay the morgage on. We have now split up and she put me out of the home stating to never return or police will be called for soussal abuse. We also have joint bank accounts and I've been given 2 hours to get all my belongings out. Everything in the home belong to me and I can't remove things in the time frame given, what can I do from here.

Asked on 11/25/12, 1:46 pm

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

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You should probably contact several divorce lawyers to get their advise since the problem in not going to be resolved quickly and painlessly. Two hours to remove your belongings is not reasonable and she might be sued for conversion of property.

Answered on 11/25/12, 7:45 pm

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Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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Divorce lawyers and conversion of property might be starting points, but I think it's better to use a real-estate lawyer to assess your rights as a co-owner of the home. It looks to me as though a lawsuit for "partition" of the property would benefit you, assuming you are co-owners as tenants in common or joint tenants, and that you have paid some of the down-payment and some or all of the mortgage. If you paid a substantial part of the down payment, you may be able to assert a "purchase-money resulting trust" and end up with a big chunk of the real estate or its money value. Contact me if interested in detailed suggestions.

Answered on 11/29/12, 10:01 am

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