Legal Question in Real Estate Law in California
Can mother of my kids make me sell my house
I bought a house in my name and when I moved in the mother of my kids and kids did also. She tells me even though her name is not on the deed or title she owns half the house and can make me sell because she helps me pay for mortage and utilitys. Can she do this.
4 Answers from Attorneys
Re: Can mother of my kids make me sell my house
Your question is more a family law matter regarding community property. I'm not sure if I gathered all the facts from you post. Apparently, you bought a house in your name and moved in with your girlfriend (who is the mother of your kids) and children. Is that correct? If so, she is not on title, and she owns no part of the house, 1/2 or otherwise. If she is helping you pay the mortgage, she may be entitled to some reimbursement if you split up, but she cannot force you to sell it. If you want to discuss more, please call me at (310) 806-9237. Good luck, ---Phil
Re: Can mother of my kids make me sell my house
There are a lot of "depends" here. Her chances are slim, but she may attempt to claim some of the appreciation based an Marvin v. Marvin.
Othersise, she is just a renter. There is no "common law" marriage in California. Since you refer to her as mother of your kids, I assume you are not married.
Re: Can mother of my kids make me sell my house
I pretty much agree with the two previous answers. Your girlfriend will get nowhere with a claim to part ownership of the house based on (a) your unmarried relationship, or (b) her modest contribution to household expenses, including mortgage payments.
That isn't the whole picture, however. The first additional point I'd make is that you probably have a child-support obligation, and if you got in arrears she could possibly enforce the obligation through a lien on the house, and if the lien were foreclosed you could lose the house.
Second point is that if she made some contribution to the down payment (as opposed to the ongoing mortgage payments), she may be entitled to a pro-rata share of ownership.
Third point is that if her contribution to household expenses plus your child-support obligation outweights the rental value she receives plus whatever else you contribute to child support, she could be entitled to reimbursement of the difference in her favor, but in cash, not as a share of ownership in the house.
Re: Can mother of my kids make me sell my house
It all depends on what your deal was with her. What was it?
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
