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I have lived with my boyfriend for 25 years. He has recently passed with no will. The deed and the mortgage was in his name but everything in the house is ours together. His daughter wants the house. What are my rights regaurding the contents of the house and how long do I get to look for a new place to live. I thought at least through probate but she is treathening eviction. It has only been one month since his passing and I fear I have less than 30 days to move. I am afraid to pack my things because she thinks it all belongs to her with the exception of my clothes. I do not want to pay the mortgage but am afaid I will be responsible if the house forcloses. I am 73, scared and I think getting bamboozed a bit. Thank you.
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I'm so sorry for your loss. As you seem to know, there's no such thing as common law marriage in California. But you might still have some rights. You probably want to move out without making the daughter serve eviction, because that would be on your credit report. So you should start looking for a place. But don't worry about the mortgage. If your name is not on the deed or on the mortgage, no one can make you pay for it. And you certainly have a right to your things, which I'm sure include much more than your clothes. I imagine they would include most of the kitchen items, at the least. If there was china or other heirlooms or collectibles or furniture from his former marriage, those would not be yours. I can understand why you're scared, but it's always a mistake to act out of fear. Don't give up your rights or your property just because the daughter may be unpleasant.
It might well be worth meeting with an attorney in your local area for a consultation. If your boyfriend had assets which he gained or which increased while you were together, you might possibly have some claim against them.
Answered on Aug 30th, 2016 at 3:31 PM