Partition
I have been with my partner for 25 years, living together for 15 years he asked me to marry him then he backed out. Now we are going through a separation but we have accumulated 2 homes and a business together. He moved out of one of our properties and now wants to trade residences. I am not feeling good about what his intentions might be. I made a list of things that I would like to trade out of both houses and I will consider moving. He wants me to leave everything so he can sell the house and then he said after it is sold I can take them. I know that won't be the case he is sneaky and not the least bit honest. Is common law still i effect. He is telling me that I don't have any rights. Our business is 50/50 owners and he holds the title President is he entitled to more money than me after our separation. We have always shared the money even though I gave him a larger sum, because the loans on the properties were in his name. I am on the deed on both properties. I am anxious to hear your reply. He is trying to use a scare tactic on me and is getting angrier by the minute that I won't move.
Re: Partition
There exists no "marriage" by common law in California to enforce community property rights. The "palimony" cases are based upon a theory of implied contract. Dissolution of business partnerships, however, are governed by both contract law and the Corporations Code in California. A writing is not necessary to create a business partnership, and a court can deduce the terms of the partnership from the conduct of the parties (those actions indicating an intent to be bound by the agreement) I strongly urge mediation to reach a fair and enforceable settlement. Whether or not you both agree to mediation, you need to obtain independent appraisals of the property(approx. $150-$250 per, depending on your market) to ensure that the division of assets is reasonable. The fixtures or other personalty should be separately inventoried so you can establish exactly what you are receiving and giving up.
Re: Partition
There exists no "marriage" by common law in California to enforce community property rights. The "palimony" cases are based upon a theory of implied contract. Dissolution of business partnerships, however, are governed by both contract law and the Corporations Code in California. A writing is not necessary to create a business partnership, and a court can deduce the terms of the partnership from the conduct of the parties (those actions indicating an intent to be bound by the agreement) I strongly urge mediation to reach a fair and enforceable settlement. Whether or not you both agree to mediation, you need to obtain independent appraisals of the property(approx. $150-$250 per, depending on your market) to ensure that the division of assets is reasonable. The fixtures or other personalty should be separately inventoried so you can establish exactly what you are receiving and giving up.
