Legal Question in Elder Law in California

I have a female relative who has been living with a same sex partner in a home in California for approximately 30 years, and her partner has also been her full time caregiver for the last 5 years due to having a stroke. Recently, her partner passed away, and my family relative was verbally given 30 days to vacate the dwelling by the her partners' family during the funeral service . the title of the residence is in the name of her partner's parents , my family relative has not spent any of her own money to make improvements or pay for property taxes etc.,they were not legally married and no will or legal documents were ever created. my family relative is both a senior and disabled--uses a wheel chair 24/7, My question is this: how much time does my family relative actually have to move her belongings and vacate the residence according to the laws that govern these matters in California? I have received conflicting answers and would very much appreciate your answer. Thank You


Asked on 11/25/14, 7:11 pm

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

She's a "gratuitous guest" who technically doesn't have the rights of a tenant. However, as a practical matter, if the property owner sues her for eviction after the 30 days have lapsed, then she'll probably get some time from the judge to move out, if only because she's a disabled old woman. You can also google "California Eviction Timeline" for a helpful page describing the eviction process.

There are also other factors as well - if the home is title in the name of the dead partner's parents, and if they are themselves deceased, then no one can file for eviction unless an executor or administrator is appointed by the Probate Court.

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Answered on 11/26/14, 9:25 am


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