Private members-only forum

Domestic Partnership Ending — How Do We Split the House?

Started by DP_property_split · Dec 7, 2023 · 9 replies
For informational purposes only. This is not legal advice.
DP
DP_property_splitOP

Looking for advice on this situation. Domestic Partnership Ending - How Do We Split the House? Any guidance would be greatly appreciated.

Details: I'm in a situation where I need to understand my legal options. Has anyone dealt with something similar?

RL
RobK_LawAttorney

Family law is one of the most state-specific areas of law. What works in California won't work in Texas. Make sure you're getting advice from an attorney licensed in your state.

RG
RetiredCPA_Greg

Mediation is almost always cheaper and faster than litigation for family disputes. Most courts require it before trial anyway. Go in with realistic expectations and a willingness to compromise.

JF
jobseeker_frustrated

Family law is one of the most state-specific areas of law. What works in California won't work in Texas. Make sure you're getting advice from an attorney licensed in your state.

TE
TenantLawSFAttorney

Documentation is everything in family law. Keep a journal, save all communications, and don't put anything in writing that you wouldn't want a judge to read.

FM
FreelanceDev_Mike

Family law is one of the most state-specific areas of law. What works in California won't work in Texas. Make sure you're getting advice from an attorney licensed in your state.

RG
RetiredCPA_Greg

Mediation is almost always cheaper and faster than litigation for family disputes. Most courts require it before trial anyway. Go in with realistic expectations and a willingness to compromise.

TE
TenantLawSFAttorney

Mediation is almost always cheaper and faster than litigation for family disputes. Most courts require it before trial anyway. Go in with realistic expectations and a willingness to compromise.

FM
FreelanceDev_Mike

Family law is one of the most state-specific areas of law. What works in California won't work in Texas. Make sure you're getting advice from an attorney licensed in your state.

DP
DP_property_splitOP

Update: Thanks everyone for the guidance. I consulted with an attorney and we're moving forward. The advice here helped me understand what questions to ask and what to expect. Will update when there's a resolution.

UC
UnmarriedPartner_CA

Splitting up after 8 years together. Never married, never registered as domestic partners. We bought a house together (both names on title), have joint bank accounts, and comingled finances throughout the relationship. My partner contributed more income, I did more unpaid domestic labor and childcare.

Without a marriage or domestic partnership registration, what are my property rights?

FJ
FamilyLaw_Jennifer

Without a marriage or registered domestic partnership, California community property laws don't apply. However, you're not without rights:

1. The house: If both names are on title, you're co-owners. The default is 50/50 unless you have a different agreement. Either party can file a partition action to force a sale or buyout.

2. Joint accounts: Funds in joint accounts are generally considered jointly owned. Withdraw your half (no more) to a separate account to protect your share.

3. Palimony / Marvin claims: California's Marvin v. Marvin (1976) allows unmarried partners to enforce express or implied agreements about property sharing. If you can show an agreement (even oral) that you'd share finances and assets, you may have equitable claims.

4. Unjust enrichment: If your domestic labor and childcare enabled your partner to earn more (career advancement while you managed the home), you may have claims for the value of those contributions.

These cases are fact-intensive. Document the financial history of your relationship as thoroughly as possible — bank statements, mortgage payments, division of labor, any texts/emails discussing financial arrangements.