Separation between unmarried parents

UPDATED: Sep 30, 2022

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Separation between unmarried parents

Hello. My question is what are my legal rights
as the mother to 2 children my partner and I
have. We are not married. He bought our
house 5 years ago and I’m not on the title. We
want to separate, he says I can leave since it is
his house. What are my rights? I have a part
time minimum wage job and I have no where
else to go. Thank you in sdvabce

Asked on August 20, 2017 under Family Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unfortunately, if you are not married, you have none of the rights of married partners: e.g. no right to stay in his home, no right to a share of his assets, no right to spousal support, etc. If the home is only in his name, he can require you to leave--you are, legally speaking, a guest of his, and a guest cn be required to leave at any time.
What you can do is get child support for your children with him: marital status has no effect on it. It is possible when seeking child support to get an interim or temporary court order requiring some support to be paid starting immediately, even while the final amount is being determined, to prevent the harm to the children from being impoverished or homeless. Speak with a family law attorney IMMIEDATELY about how to seek child support.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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