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legal advice for concerned parents

post #1 of 27
4/14/10 at 1:36pm
Thread Starter 

didn't work out, but no trouble either.


Edited by kodreaming - 11/8/10 at 3:52pm
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post #2 of 27
4/14/10 at 1:39pm
Hmm, not a person for legal answers but, have her sign a contract, and it get notarized.
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post #3 of 27
4/14/10 at 1:49pm
Thread Starter 
sign a contract for sleep over in her bf for every weekend ?
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post #4 of 27
4/14/10 at 1:55pm
um...I'm not sure but I would think there is no legal way she can claim any property unless she is either married to you or atleast engaged. I dont think anyone can claim anything by having sleepovers at a friends place, same difference IMO. But there may be a scenario where there can be a small claims case stating she bought you this and this and she wants them back and so on, I'd just make sure there are no major purchases made by her that stay in your house, clothes and personals are fine I guess.I might be wrong tho.
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post #5 of 27
4/14/10 at 2:06pm
I'm not a lawyer, but I would assume that like others have said, unless the two of you are married or engaged, or if she starts helping pay down payments I don't think she would be able to claim any future right to the house or the property it lies on.
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post #6 of 27
4/14/10 at 2:16pm
Closest thing would be common law but that takes years and she would have to live there and not have the other place. She would also need to have all of her papers changed to your address. What is she going to do when her license and lease are for a completely different address? She can't even prove in writing that she stayed at your place. Tell your parents to relax. When she ditches her old place and moves in then the common law clock starts ticking, I'm not sure how long it is in your state but that is something to consider when she is living with you "on paper".

Its time living together in a legit mannor, not when you gave her an engagement ring. Marrage on the other hand is different from state to state but will entitle her to something.

Make her sign a contract if you want to start looking for a new girlfriend, especially if its a result of something your parents said. Women hate wishy washy guys.
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post #7 of 27
4/14/10 at 2:33pm
since when could freeloaders claim rights to properties. just make sure she doesn't pay mortgage or any bills through any of her account, else she has no right.
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post #8 of 27
4/14/10 at 2:37pm
Thread Starter 
Ya. My parents is definitely over-reacting.
It is pretty ridiculous "concern" which drove me crazy.

But, I think I got enough to get back to them, so they won't be concerned anymore.
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post #9 of 27
4/14/10 at 2:59pm
Quote:
Originally Posted by nycdoi View Post
since when could freeloaders claim rights to properties. just make sure she doesn't pay mortgage or any bills through any of her account, else she has no right.
There is actually law for this, surprise surprise. It varies from state to state and in some cases city to city. In New York, if a person is seen by the landlord as residing in the property and is out and open about squatting (residing without contract) there then the the landlord has by lack of action given permission to the squatter to live there and then it's a hell time in the courts to get them out.

Though from what I remember not a lot of places in California recognize Squatter's Right. These are more heavily enforced in major cities such as Los Angeles and San Fransisco.

As far as Common Law is concerned, you should be okay as California does not recognize it: Common Law Marriage in California FAQ

Most likely, if things go bad your situation will become one of Landlord/Tenant. You will need to look up the specific tenant laws in your city specific and California in general, but you must give her a vacate warning with a reasonable amount of time to leave (30-90 days tends to be normal). If she refuses to leave, then you must go to a court for an eviction notice.

Under NO circumstance should you ever leave the property for an extended period of time with utilities turned off (30 days or longer) because she can claim the property as her own if she can prove you abandoned it.

But this should assuage your parents a little.

And my sources for this information is due to the fact I'm the head of Administration and IT at a real estate brokerage firm.
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post #10 of 27
4/14/10 at 3:09pm
Quote:
Originally Posted by Region2 View Post
There is actually law for this, surprise surprise. It varies from state to state and in some cases city to city. In New York, if a person is seen by the landlord as residing in the property and is out and open about squatting (residing without contract) there then the the landlord has by lack of action given permission to the squatter to live there and then it's a hell time in the courts to get them out.

Though from what I remember not a lot of places in California recognize Squatter's Right. These are more heavily enforced in major cities such as Los Angeles and San Fransisco.

As far as Common Law is concerned, you should be okay as California does not recognize it: Common Law Marriage in California FAQ

Most likely, if things go bad your situation will become one of Landlord/Tenant. You will need to look up the specific tenant laws in your city specific and California in general, but you must give her a vacate warning with a reasonable amount of time to leave (30-90 days tends to be normal). If she refuses to leave, then you must go to a court for an eviction notice.

Under NO circumstance should you ever leave the property for an extended period of time with utilities turned off (30 days or longer) because she can claim the property as her own if she can prove you abandoned it.

But this should assuage your parents a little.

And my sources for this information is due to the fact I'm the head of Administration and IT at a real estate brokerage firm.
sounds like a bunch of nonsense to me (live-in GL != adverse possessing squatter; live-in GL != automatic tenant).

to OP, get a lawyer/free legal clinic if you are poor.

If you expect your GL to go all legal on you, you should really reconsider your personal situation.
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post #11 of 27
4/14/10 at 3:32pm
Quote:
Originally Posted by chesebert View Post
sounds like a bunch of nonsense to me (live-in GL != adverse possessing squatter; live-in GL != automatic tenant).

to OP, get a lawyer/free legal clinic if you are poor.

If you expect your GL to go all legal on you, you should really reconsider your personal situation.
What you consider nonsense has come up in court and decided upon, so even if we think it's crazy, we still need to know the laws to protect ourselves.
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post #12 of 27
4/14/10 at 4:13pm
Quote:
Originally Posted by Region2 View Post
What you consider nonsense has come up in court and decided upon, so even if we think it's crazy, we still need to know the laws to protect ourselves.
you should leave "what's the law" to professionals
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post #13 of 27
4/14/10 at 4:26pm
I think I would have an appointment with a local attorney and call it a day. I don't think she would have any legal rights but the attorney could tell you pretty quickly and that should not cost you very much. He/she could even give you a letter to give to your family to ease their minds as well. I guess what I am saying is spend a little now or spend alot later the choice is yours so to speak. Personally I think it is all over reaction but also understand how the family must feel.
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post #14 of 27
4/14/10 at 4:38pm
Hope your GF doesnt see this thread and get the idea!!!
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post #15 of 27
4/14/10 at 5:58pm
Quote:
Originally Posted by chesebert View Post
you should leave "what's the law" to professionals
This is true, but does it hurt to throw out some ideas or has this stopped being the point of a forum?
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