What Are My Rights if My Boyfriend Is Trying to Evict Me From Our California Home?

Attorney Answer

Your boyfriend cannot legally force you out of the home on his own, no matter whose name is on the lease or title. California law does not allow self-help evictions. That means he cannot change the locks, remove your belongings, shut off utilities, or physically force you and your children to leave without a court order. California specifically penalizes lockouts and utility shutoffs used against a tenant to force them out (Civil Code section 789.3), and the broader rule against self-help removal generally protects anyone who has been living in the home. If he tries any of that, it can expose him to legal liability, including possible statutory damages, on top of whatever harm it causes you.

Your rights depend partly on your living situation. If you have been living in the home for a period of time, even without your name on a lease or deed, California law generally treats you as an occupant who is entitled to formal legal process, meaning he would have to go through an unlawful detainer, the official eviction lawsuit, in court, under Code of Civil Procedure section 1159 and following. He cannot simply tell you to leave and expect that to be legally enforceable.

The existing order between you matters too. Since there is already some kind of protective or peaceful contact order in place between you, mention it in anything you file and bring a copy to court. In matters connected to domestic violence, a family court can grant one person temporary exclusive use of the shared home (Family Code section 6321), especially with two children living there, and family courts consider the children's stability when deciding who stays during a dispute like this.

What to do now:

1. Do not leave voluntarily unless you choose to. You are not legally required to leave just because he says so. 2. If he attempts to lock you out, shut off utilities, or remove your things, document it immediately with photos, texts, and dates. 3. Ask the family court about temporary exclusive use of the residence, and bring a copy of the existing order between you. 4. Contact a family law or tenant rights attorney, or local legal aid, as soon as possible given that children are involved.

You are not without protection here, even though being a girlfriend rather than a spouse, with no lease in your name, makes this more complicated than a typical eviction case.

This is general legal information, not legal advice. A California attorney can review your specific order and living arrangement and tell you exactly what to file.