disagreement in selling a co-owned home in a domestic partnership

[socal225]

What is the name of your state (only U.S. law)? CA

Hello everyone,

I am posting a question on behalf of a friend.

She is mutually ending a domestic relationship (not legally married). They have been living together for about 7 years and they have a child together.

They purchased a home about 3 years ago, and both of their names are on the loan and and the title.

They have discussed how to split their belongings but have arrived at a standstill when it comes to the home. She wants to sell and split the earnings if any, but he wants to keep the house. This is impeding her from moving forward with her life and ending the relationship definitively.

She is planning on moving out this upcoming weekend, but she is afraid that this will have a negative impact if/when they appear before the court.

Her questions are as follows:

1. Is it possible to address the selling of the home without going to court; and if this is something that needs to be addressed in the court, what factors will come into play in the court making a decision one way or the other?

2. Will moving out of the house have any negative impact in regards to the issue with the home, or any other issues pertaining to the ending of the partnership especially child custody issues.

thank you so much in advance!

 

[STEPHAN]

I am posting a question on behalf of a friend.

Please have her come here and post for herself. She has all relevant facts.

Thank you.

 

[socal225]

Please have her come here and post for herself. She has all relevant facts.

Thank you.

Hello there. Thank you for your response.

Would it be possible to get some advice through me? She does not have an account here and has no internet access. I can answer any questions that you may have by asking her directly.

Thank you in advance!

 

[Zigner]

Hello there. Thank you for your response.

Would it be possible to get some advice through me? She does not have an account here and has no internet access. I can answer any questions that you may have by asking her directly.

Thank you in advance!

How old is she?
Is she in a same-sex relationship?

 

[socal225]

How old is she?
Is she in a same-sex relationship?

30
Same-sex relationship.

 

[Zigner]

30
Same-sex relationship.

I would suggest that they see an attorney - you can't keep your story straight:

She wants to sell and split the earnings if any, but he wants to keep the house.

 

[socal225]

I would suggest that they see an attorney - you can't keep your story straight:

She wants to sell and split the earnings if any, but he wants to keep the house.

How does that not make sense?

She wants to sell the house and whatever profit they make on the home she wants to split between her and her bf.

He doesn't want to do that, he wants to not sell the home even if her name is on the title.

 

[Zigner]

How does that not make sense?

She wants to sell the house and whatever profit they make on the home she wants to split between her and her bf.

He doesn't want to do that, he wants to not sell the home even if her name is on the title.

You said it was a same-sex relationship. Yes, I get it, anybody can be called anything they want now-a-days...but when using pronouns to identify specific parties for specific reasons, one should be more careful.

So, are they in a state-sanctioned domestic partnership?

 

[Ohiogal]

How does that not make sense?

She wants to sell the house and whatever profit they make on the home she wants to split between her and her bf.

He doesn't want to do that, he wants to not sell the home even if her name is on the title.

Because that is NOT a same sex relationship and SHE is the only one on the title with her former domestic partner. Unless you don't know what same sex is. Which means you really can't do anything to help. But good try.

 

[Ohiogal]

30
Same-sex relationship.

Post five in which you stated it was a same-sex relationship. Do we have to educate you on genders? Boys have a penis and girls have a vagina. *

Thank you, 5-year-old in Kindergarten Cop.

 

[socal225]

oops.....sorry....I meant opposite sex. I'm so sorry guys for the confusion.

 

[Zigner]

Post five in which you stated it was a same-sex relationship. Do we have to educate you on genders? Boys a penis and girls have a vagina. *

Thank you, 5-year-old in Kindergarten Cop.

This is California, where physical gender really doesn't matter any more.

 

[Ohiogal]

This is California, where physical gender really doesn't matter any more.

Don't go there, Zigner. I like you. Don't go where I don't like you.

 

[Zigner]

oops.....sorry....I meant opposite sex. I'm so sorry guys for the confusion.

Then they were NOT in a domestic partnership. They are going to have to figure this out like any other two unrelated people who purchase property together. It may require a partition suit. Your friend will want to see an attorney.

 

[Zigner]

Don't go there, Zigner. I like you. Don't go where I don't like you.

Don't get me wrong, I understand and have no problem with it, except when it causes this type of confusion. I asked a specific question for a specific reason. In this state, a domestic partnership is either based on the two partners being over 65, or the partners being same-sex. The actual hardware each person in the relationship has does matter when it comes to gender pronouns in some instances.
Ideally, everyone should use a gender-neutral pronoun - then it doesn't matter.