Legal Question in Landlord & Tenant Law in California

Evict Girlfriend

I have lived with my girlfriend of 6 years in my house for the past two years. I

am the sole owner of the house, and my girlfriend has lived there free-of-

charge for the entire two years. We have never purchased anything jointly.

What do I have to do to legally evict her? Is there any legally defined time

span where either her or my property would become common property?

Thank you for your time.


Asked on 10/26/04, 1:35 pm

2 Answers from Attorneys
Larry Rothman Larry Rothman & Associates

Re: Evict Girlfriend

There should be a sixty day notice of change of tenancy indiating rent, then an unlawful detainer.

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Answered on 11/02/04, 12:19 pm
Scott Linden Scott H. Linden, Esq.

Re: Evict Girlfriend

She would be considered a tenant and would have to be evicted. Serve her a 3 day notice to quit. If she does not leave, you will have to follow the standard eviction processes. Unfortunately, if she can show she lives there (i.e. receives mail there) then she must be evicted and can not just be thrown out.

As far as "common property", there is no common law marriage in California, she has no ownership in the home.

If you need further assistance, please feel free to contact me through my firm's site at www.No-Probate.com or directly at 626-578-0708.

Good Luck to you.

Scott

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Answered on 10/26/04, 3:11 pm


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