Legal Question in Real Estate Law in California

reside as common law

what are my legal rights retain residency in the home of my spouse who has provided financaly for the past seven years who is now serving me with an unlawful detainer and is trying to eveict me from our common dwelling with no other source of income or residency


Asked on 12/31/01, 11:29 pm

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: reside as common law

If you are married, you cannot be evicted. If you are claiming a common law marriage, they are not recognized in California.

If the home was purchased during marriage, it is most likely considered community property. There are other considerations, such as a posible contractual obligation on his part.

I would need answers to these and other questions to give you a more complete answer.

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Answered on 1/01/02, 1:56 pm


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