Tuesday, August 14, 2007

We Own Property Together But Were Never Married

Division of Property information, custody information, and Divorce help provided by an experienced family law and divorce attorney serving the Temecula, Murrieta, and Hemet areas of Riverside County, California.

Dear Famularo & Associates:

Hi. I have a question about custody and visitation of a minor child. I also have a problem concerning division of assets. My boyfriend and I have a child together and we own a home. We are tenants in common. I have paid for everything. I paid for the down payment, supplemental tax bills, and other additions that contribute to the value of the home. My boyfriend has contributed to 1/2 mortgage. He is not willing to accept any offer other than 50% of the home's value.
--D from Murrieta

Dear D:
Since you are unable to file divorce action, you must file two different cases. One is called a "partition action." This must be filed in civil court and will be to divide the family home. In that case, the court can decide what credits each of you may be entitled to for down payments, house payments, etc.

The other case would filed in family court and is a paternity suit. This would be in family court and the court would decide custody, visitation, and child support. The partition action normally takes 1 year. The paternity suit normally takes 3 months.We can handle both. I would suggest you file the paternity suit first, because it is a cheaper and quicker case to prosecute. If he is unwilling to settle the property issues at the same time, then you file the partition action after the paternity suit is completed.
-- Famularo & Associates

If you live in the Temecula, Murrieta, Hemet or Riverside areas of Riverside County, California and have any questions about obtaining property rights, child custody, or if you need divorce information, please feel free to contact our office to set up an appointment with a divorce lawyer at: (951) 816-9543.

For more information, please visit our websites: Family Law Attorney in Temecula, Divorce Attorney in Temecula, Riverside County Family Lawyer

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