Legal Question in Real Estate Law in California

Getting rid of a threatening live in girlfriend

I have been living with my ''girlfriend'' since September 2004. Her daughter from a previous relationship has been living with us since September 2005. She has been living with me in my home owned jointly by myself and my father. She has never helped with the mortgage and pays no rent. She drives a car that is owned by me, registered in my name and the insurance is in my name. I make payments on the car. She has made no contributions to our living arrangements accept for grocery shopping and purchasing the odd item for the home. She has paid for the running of the car she uses (gas, oil changes etc.)The relationship has not worked for a while now and I want to end the relationship but when I have tried to do so she has always become belligerent and has made threats about ''taking me to the cleaners'' and about ''talking'' to her lawyers. I want to end this relationship but from what she has said I don't think it well end without her wanting something. What I would like to know is what is she entitled to? She thinks she is entitled to something and she has mentioned she knows what her rights are. What are her rights and what do I need to do to end this relationship with as little drama as possible?


Asked on 8/13/06, 4:49 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Re: Getting rid of a threatening live in girlfriend

You have to be very careful in a situation like this, because you originally let her live there, which was consensual. Many people think that a landlord tenant relationship arises through a lease, but a lease is not required.

If a person has entered property and remains through threat of force after having been asked to leave, you have to file what is known as a forcible detainer action. If the court finds this person to be a tenant, they have a defense to the forcible detainer action.

If you can get this person to negotiate some sort of lease, whereby they contribute money to pay rent, you may have better footing, because if they fail to pay rent in the future, you can have them evicted.

Your case appears to be factually intensive, and you should consult with an attorney in your area.

With respect to her rights, she may be referring to what is known as a Marvin action. California does not recognize common law marriage, and has not for over 100 years. Marvin actions arose in settings where people have cohabited under a specific agreement, and they sue in family court's for breach of this agreement. (For example, they agree to share everything they earn 50-50, even though they are not married.)

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Answered on 8/15/06, 9:51 pm


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