Legal Question in Real Estate Law in California

Hi,

I am concerned about an issue. I own my condo. My boyfriend was renting, lost his apartment, work problems etc., needed a place to live. I took him in last October. He has been living with me ever since. He has never paid for rent, utilities etc. I have overlooked it since he does pay for some food and entertainment and I am trying to help him get back on his feet. After a bad argument last weekend I told him to leave. He said he does not have to leave, that it is now his place of residence because he put my address on his drivers license. He said under the law he has the right to live there and I cannot make him leave. Please advise, we have since patched things up but I am very worried concerned about the potential here. He has never paid anything so in that case isn't he just a guest? Anyone can put someone's address on their driver's license. Please help. And what about common law specifics, can he get part of my condo? I appreciate any insight you can provide. Thank you.


Asked on 8/05/13, 12:12 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

He's full of crap.

California does not have common law marriage, having abolished it in 1895. Although California can recognize a common law marriage validly entered into in another state that validly recognizes common law marriage, that exception does not apply to your situation.

He's a guest. If he is occupying the property with your permission, and not in exchange for rent, then he is only a guest.

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Answered on 8/05/13, 1:23 pm


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