Hello oc 949,
If you are being physically abused, you should call the police the next time it happens. Physical abuse is illegal. You do not have to live in a home with someone who hurts you.
You may apply for a restraining order without waiting for the violence to happen again as well, if you choose, although some judges are reluctant to grant an order if the physical abuse has not been recent. The California Courts have a
Self-Help Center with considerable information about domestic violence and the restraining order process. You may also wish to contact your local domestic violence program.
Common law marriage is not recognized in California. That means that there can be no marital-type of interest in the domicile. Your boyfriend has no marital property rights, and, indeed, no marital rights at all. If his name is not on the deed, he has no right in the property. Real estate requires a written contract to convey or to grant an interest in it. The requirement for a written document is known as the statute of frauds. That is not present here. While you may (or may not) have had an oral understanding about the real estate, that is not enforceable now.
His payments toward the house might be considered something like rent, as his contribution toward having a roof over his head for the past 3 years. Or, it might be considered to be a gift. Regardless, he has no legal interest in the house now. You do not need to reach any sort of marital settlement type of agreement with him in order to break up with him.
If you obtain a restraining order against him, and if he is physically violent toward you you have a right to apply for an order, then he will have to move out of the house. If you do not obtain a restraining order against him, your other legal option would be an eviction proceeding. For that, you may well want to retain an attorney locally.
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Please be aware that my answer is not legal advice, it is merely informational and educational. Fees I receive for answering questions are paid for information, not legal advice. This forum is designed to provide only general information, to give you a basis of knowledge. You and I have not entered into an attorney/client relationship, and I am not responsible for your legal rights. The only way for us to be in an attorney/client relationship is if you have signed a written retainer agreement with my law firm, and I am only licensed to practice law in Illinois.
You should consult with legal counsel in your area for specific information relevant to your situation.