QUESTION

Can my commonlaw partner kick me out?

Asked on Dec 31st, 2012 on Divorce - California
More details to this question:
My partner changed the lock and kicked me out. Put the letter from his attorney that I am a violent person and I should be removed from his property immediately. The house s in his name. Help, please.
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7 ANSWERS

Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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The simple answer is that he can do whatever he chooses until there is a court order telling what he can and cannot do. If you believe there is a common law marriage you need to file for divorce. You can never be sure whether or not you have a common law marriage until a judge rules that there is a legal and binding common law marriage.
Answered on Jan 04th, 2013 at 5:47 AM

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Cohabitation Agreements Attorney serving Cincinnati, OH at Cathy R. Cook, Attorney at Law
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Common law marriage was eliminated in Ohio in 1991. Unless your relationship dates back before then, you have no marital rights. In that case, you need to consult a contract lawyer to see if there are any grounds you can sue under to obtain any relief.
Answered on Jan 04th, 2013 at 5:05 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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You must get an attorney to help you protect your rights. There are no common law marriages in Idaho anymore, so you may have no rights in the property.
Answered on Jan 04th, 2013 at 3:26 AM

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It does not sound like you have any legal right to stay in his house unless you have a lease or written agreement that you can enforce in civil court.
Answered on Jan 03rd, 2013 at 6:56 AM

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Until there is an order or he is the sole owner, no.
Answered on Jan 03rd, 2013 at 5:33 AM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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There is no common law marriage in FL, hasn't been since 1968, unless it was established in a state where it can be, and then the parties move to FL.
Answered on Jan 02nd, 2013 at 12:36 PM

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Family Law Issues Attorney serving Camarillo, CA
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In California we don't recognize common law marriage or partners. However, if you have lived there for more than year, your partner cannot simply lock you out, you need to be evicted. With that in mind, if you are being accused of violence, your partner may seek an immediate kick out order and get a temporary restraining order.
Answered on Jan 02nd, 2013 at 12:36 PM

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