live-in boyfriend

[cadaughter]

My mom has lived a man for the last 20 years. The relationship is over and she has asked him to leave her home on many occasions and he refuses. What should she do next to get him to leave? She lives in California.

[Edited by cadaughter on 12-24-2000 at 09:43 PM]

 

[I AM ALWAYS LIABLE]

My mom has lived a man for the last 2o years. The relationship is over and she has asked him to leave her home on many occasions and he refuses. What should she do next to get him to leave?

My response:

We'd like to assist you; however, you apparently didn't see that red writing up at the top of the page. Without your State name, or the name of the State where the problem happened, it would be difficult to assist you. Laws are different everywhere.

Thank you for your cooperation, and we look forward to you editing your post.

IAAL

 

[djdj]

What should you mom do?????

Just like in ANY business relationship,she must BUY him out!

Anything they bought together with joint funds are community property

All joint bank accounts, checking, retirement, savings, is all half his. cars, house stereos furniture, dishes pots and pans even the bed is joint property.

So tell you mom to figure out how much is his half and pay him.

 

[djdj]

Let me add this.....think of it this way:

what your mom PAID for with her own money from her own checking account is hers and the same with the boyfriend.

Anything that was paid for jointly (checking account credit card) is joint property and must be split usually 50/50

Thats why they have pre nuptual agreements to spell out what is mine and what is yours before the relationship/marriage begins. So all that needs to be decided is jointly owned property, it saves a lot of time and legal fees.

So unless she supported him for the last 20 years, then you mom owes him some money, and maybe quite a bit of it.

 

[LadyBlu]

Let me add this.....think of it this way:

what your mom PAID for with her own money from her own checking account is hers and the same with the boyfriend.

Anything that was paid for jointly (checking account credit card) is joint property and must be split usually 50/50

Thats why they have pre nuptual agreements to spell out what is mine and what is yours before the relationship/marriage begins. So all that needs to be decided is jointly owned property, it saves a lot of time and legal fees.

So unless she supported him for the last 20 years, then you mom owes him some money, and maybe quite a bit of it.

djdj, maybe we should rename you the Grinch? dont know where you came from but you are obviously filled with alot of unhappiness judging from your posts on these boards tonight.

 

[cadaughter]

Thank you for the replys. However, the problem isnt dividing up material things or money. They do not own anything together, have never shared money or accounts, and have not even bought furniture together. The problem is she wants him out of her life and off her property and he flat out refuses to leave. So, what does she legally have to do to get him to leave her property? Thank you

 

[I AM ALWAYS LIABLE]

My response:

Okay, I see that you edited your original post to show California (my State of Practice).

Since California is not a Common Law marriage State, Mom and Boyfriend are not married. Since that is the case, all Mom has to do is follow the Landlord / Tenant laws of California, starting with having him served with a 30 day Notice to Vacate.

If he's abusive, or if Mom is scared that he will become abusive if she follows through with the above, then if she has the proper "grounds", she can immediately, and on her own, go to the Criminal Courts building and file for a Temporary Restraining Order. Then have him served with a 30 day Notice to Vacate.

If you run a search of this Board, by using "Restraining", because we have covered this subject many, many times, and you'll get all the instructions for doing so. Just read all of the posts.

Your Mom will need an attorney for the Eviction Process, however.

Good luck.

IAAL

 

[cadaughter]

Thank you! I'll have her check her yellow pages for an attorney to get the legal process going.