Legal Question in Real Estate Law in California

Re: Personal property in break-ups instead of divorce

from the facts given so far, basically you would have to be able to trace the assets you are claiming back to your own separate property interest. meaning, you need to show how you acquired these items and what funds were used of yours to acquire them. further you would have to show you had no intent of making these items "community property" while you two were cohabitating, meaning you did not intend a gift to him or both of you in these items. if you want further assistance, contact me with more facts today. [email protected]

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Re: Personal property in break-ups instead of divorce

I believe the previous answer incorrectly raises the notion of community property and the related concept of tracing. Further, your view that there is no common law in California is incorrect; I think what you mean is that California does not recognize common-law marriage, which is correct.

People who live together, but are unmarried, do not come under the family-law provisions affecting married couples and their property, e.g. the community-property rules and the statutory guidelines for division of property at dissolution of marriage (or in probate).

Instead, your rights are governed by general principles of law including the law of contracts and perhaps the law of partnerships.

Your property does not change character during cohabitation unless you make a gift of it to your partner (or sell or exchange it) by ordinary means that strangers use to transfer property.

Absent a gift or a contract, what was yours going in to the relationship is yours upon breakup.

As to income and expenditures while living together, courts will often apply partnership principles (although there may not technically be a true partnership involved) as well as contract and implied contract principles, and apportion any leftover assets and liabilities in a manner that appears fair from the evidence, including evidence of who earned the more and who spent or benefitted the more, including who did the housework.

If you are claiming less that $5,000 worth of property, your dispute may be suitable for small claims court. Get a self-help law book on small claims procedures. You can ask for either a money judgment, restitution of the specific items of property, or both.