Q: Does boyfriend have a right to my house? Are we considered common law
We have been together 8 years. 2 years in living together I bought a house. He had no part in the purchase. Down payment came out of my 401K. I also refinanced house on my own a couple of years ago. We do not present ourselves as married, do not file taxes together, do not bank together. Only thing in both of our names is a truck loan and insurance. (I was trying to help get his credit on track). I have discovered he is unfaithful and want him to move out. He claims he has a right to half the house. Even though he did not help buy it he has invested money in upkeep of it. Is he right? Are we common law? If I can evict him how much notice must I give him?
A:
You should start the eviction assuming a verbal month to month which requires a 21 day Notice.
He will then decide whether to fight the eviction by claiming common law marriage. You should have an attorney who is ready, willing, and able to fight that battle.
Good luck!
A: It does not sound like you have a common law marriage. He may have some claim based on "unjust enrichment" if he can prove he provided money/improvements without compensation. However, he would have to bring a court case against you to establish that. Your immediate problem is getting him to move out. you will have to give him a formal notice to quit in order to go to court to get an eviction order. That is complicated and needs to be done right. you should retain an attorney to do this for you.
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