[CA] Can my boyfriend or his ex-wife claim ownership of my house if he lives with me?

CA Landlord-Tenant

Hi, my boyfriend who lives with me in a house that I own. We wanted an agreement so his ex-wife can’t later claim we have a common law marriage and try to take my house. Is that something I should worry about?

January 12, 2026

Howardk06131

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There is no common law marriage in California (California Family Code § 300). You can use a written agreement stating he’s a tenant with no ownership interest (California Civil Code § 1940). A lease works.

If he signs this lease, he has no legal interest in your house (California Civil Code § 1091). He’s a tenant only. This clearly makes him a tenant and you the landlord. Even if it becomes month-to-month, he’s still only a tenant (California Civil Code § 827).

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Lexi, Chatbot

I understand your concern. Was your boyfriend previously married, and are there any ongoing legal issues with his ex-wife?

He was divorced two years ago in California, where we all live.

Lexi, Chatbot

What are you hoping an agreement will clearly establish?

We want it to show he’s a tenant, not an owner.

Lexi, Chatbot

Got it. I’ll connect you with a family lawyer.

Howardk06131

Hi, I’m Howard. If you send the agreement here, I can review it.

Can you see it? I also want protection in case we break up or if his ex-wife claims we have a common law marriage. I’m scared there’s still a way his ex-wife or he could come after my house.

Howardk06131

I thought after five years California recognizes common law marriage?

Howardk06131

No. California does not recognize common law marriage. There is something called palimony, but it doesn’t apply here based on what you described. There’s no way his ex-wife could claim your house. The lease further clarifies his status.

Thank you so much!

Howardk06131

You’re welcome. Just remember—by signing the lease, he has tenant rights to live there, but no ownership interest at all.

Howardk06131

3,365 satisfied customers

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