What can I d if I have lived with my fiance for 15 years but it looks as though we are splitting up and he is trying to take my key and remove me from my home?
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What can I d if I have lived with my fiance for 15 years but it looks as though we are splitting up and he is trying to take my key and remove me from my home?
We live in CA. I am 55 and partially disabled and we have 2 animals. He will not let me stay in the home; he ownes the home via a reverse mortgage. I would like to have half of the home furnishings.
Asked on August 20, 2019 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
1) If you are not married and are not on the home's title, you have no right to the home or to remain there: it is his home, and he can require you to leave.
2) However, while he can require you to leave, he cannot himself throw you out or take your key or change the locks on you if you don't go voluntarily. Rather, since you had been living there with his permission, he would have to bring a kind of legal action commonly called an action "for ejectment" to get a court order removing you; ejectment is how you remove "guests" (which is what you were legally, since you were a non-owner who was also not a rent-paying tenant) whom you no longer wish to remain.
3) Note that if you are on the title, regardless of any mortgages or reverse mortgages, then you are an owner and cannot be required to leave.
4) If you paid for items (e.g. furnishings), any you paid for 100% are yours; any you paid half for, you are entitled to half their value; any he paid 100% for are his. If you don't receive your share of items or their values, you could sue him, such as in small claims court, for what they are worth.
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