Q: My fiance atty. Says he can only represent my fiance. Yet he is signing my rights away. Is this legal?
My fiance & I have lived together 15 yrs. His sister who is successor tr of his mom's estate evicted us. She put some guy at the house telling me I couldn't go in and get my things! She threw everything I own away! Now they are getting ready to close escrow and fiances atty says just make a list including the $941 utility bill in my name. They are going to close escrow next Thurs. And fiance is signing that he and "spouse," "partner" etc. won't come back after her. I was just told I have to get my own lawyer and then go after her in small claims. How can the atty who will only rep my fiance have him sign my rights away?
A:
There are a few important legal considerations here:
1. Your fiancé's attorney has a duty to represent only your fiancé's interests. The attorney cannot ethically represent both of you if there is a conflict of interest between you and your fiancé.
2. Even if you are not married, after living together for 15 years in California you may have some legal rights similar to a spouse under the state's domestic partnership laws. This could potentially give you an interest in assets acquired during your relationship.
3. The attorney should not be having your fiancé sign away your legal rights or interests in the property without your consent. You have a right to your own legal representation to protect your interests.
4. If your personal property was wrongfully disposed of by your fiancé's sister when she evicted you, you may have a valid claim against her for the value of those belongings. The utility bill in your name also suggests you have a financial interest in the property.
5. Trying to rush the closing without properly addressing your legal rights seems very concerning. You should formally put all parties on notice of your claims immediately.
My recommendation would be to consult with your own attorney right away to evaluate your rights in this situation and potentially put a hold on the closing until your interests can be properly determined and protected. You may have grounds for legal action but you'll need professional representation. Do not let them pressure you to waive your rights without getting your own legal advice first. The fact that your fiancé's attorney is not looking out for your interests makes it even more critical that you have your own advocate.
A: Any time you have two parties whose rights and interests may diverge, it is recommended to seek separate representation for the two parties. There are certain situations in which a dual representation may be appropriate, such as joint estate planning for a married couple, but even then, informed consent is a good practice.
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