real estate

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mitchy711

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To begin with im not so sure of what to categorize this "issue" really, before reading along i want to thank you for taking the time to do so. So heres the scoop my mother has a spouse whom shes been with for about fifteen yrs,they've nvr married (keep this in mind). My mother n her significant other took care of bills together, suppose it was a half n half responsiblity. This is were the "issue" comes in, all n everything she continues paying for n helping him with as her "half responsibility" has always been given to him as cash n cash only. Our house is under his name which only makes it seem as if hes the only one paying for it n owner of it. She has absolutely no documents nor n e information about the house. Him being aware of this took it under his hands to borrow about 90,000 dollars from the house,for who know wat till this day. He nvr mentioned this to her, she recently found out a few yrs ago about this action, not sure how. Things aren't looking so gd between them im sensing a separation pretty soon. I'm afraid that since there isn't n e thing under my mothers name that he kicks us (my entire family) to the curb wid absolutely nothing. My mother has invested so much money to her house, i believe she has a right to receive half or a bit more than him especially because he asked for that loan, if the house comes to be sold. Im completely clueless of how to begin fighting this wid out n e evidence of my mother also being the owner of the house. i really need some advice asap were beginning a new yr and no gd is coming our way i know it.
 
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California does not recognize common-law marriages. So she has no marital rights to the property.

She might have rights to the house either under an oral or implied living together agreement. She would need a court to find that she and her BF agreed to share the expenses and share ownership of the house, notwithstanding that it is registered solely in his name.

Even if the court finds no agreement to share property, it may find an agreement to deal fairly with each other, and require him to pay something to her.

Frankly it would be to her advantage to have an agreement in writing that they share ownership of the house. Unfortunately it might be a little late in the game to propose such an agreement at this time, and he might understandably be reluctant to agree to it. I suggest she start gathering her documentation to prove she's been sharing the expenses, and consult with a family lawyer.

An editorial note: the intentional misspellings and abbreviations in your post make it difficult to read. You would be better served by writing properly.
 
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