很對不起，您的問題老貓也不知道如何回答，不過如果您帖子中所提的"在銀行公證的文件"就是指的雙方同意如何處理這棟房子產權規屬的協議書
那麼您應該弄清楚
(a)協議書中是否有明白規定雙方如何處理房屋產權移轉的問題
(b)是否有載明雙方需要在多長的期限內處理這項問題
如果您們有上述的協議，對方應該須要執行這項協商所載的內容
至於您其他所提的問題，老貓建議您應和律師商量，不過老貓相信對方無論如合應該都不能永遠占著這一點不放
當然以加州FAMILY CODE為例,一旦你們的同居關係不存在時，您有權要求對方Transmute community property to separate property of either spouse.同時跟據SECTION 2650你有權要求賣房並平分財產
原文如下
FAMILY.CODE SECTION 2650
2650. In a proceeding for division of the community estate, the
court has jurisdiction, at the request of either party, to divide the
separate property interests of the parties in real and personal
property, wherever situated and whenever acquired, held by the
parties as joint tenants or tenants in common. The property shall be
divided together with, and in accordance with the same procedure for
and limitations on, division of community estate.
FAMILY.CODE SECTION 850-853
850. Subject to Sections 851 to 853, inclusive, married persons may
by agreement or transfer, with or without consideration, do any of
the following:
(a) Transmute community property to separate property of either
spouse.
(b) Transmute separate property of either spouse to community
property.
(c) Transmute separate property of one spouse to separate property
of the other spouse.
851. A transmutation is subject to the laws governing fraudulent
transfers.
852. (a) A transmutation of real or personal property is not valid
unless made in writing by an express declaration that is made, joined
in, consented to, or accepted by the spouse whose interest in the
property is adversely affected.
(b) A transmutation of real property is not effective as to third
parties without notice thereof unless recorded.
(c) This section does not apply to a gift between the spouses of
clothing, wearing apparel, jewelry, or other tangible articles of a
personal nature that is used solely or principally by the spouse to
whom the gift is made and that is not substantial in value taking
into account the circumstances of the marriage.
(d) Nothing in this section affects the law governing
characterization of property in which separate property and community
property are commingled or otherwise combined.
(e) This section does not apply to or affect a transmutation of
property made before January 1, 1985, and the law that would
otherwise be applicable to that transmutation shall continue to
apply.
853. (a) A statement in a will of the character of property is not
admissible as evidence of a transmutation of the property in a
proceeding commenced before the death of the person who made the
will.
(b) A waiver of a right to a joint and survivor annuity or
survivor's benefits under the federal Retirement Equity Act of 1984
(Public Law 98-397) is not a transmutation of the community property
rights of the person executing the waiver.
(c) A written joinder or written consent to a nonprobate transfer
of community property on death that satisfies Section 852 is a
transmutation and is governed by the law applicable to transmutations
and not by Chapter 2 (commencing with Section 5010) of Part 1 of
Division 5 of the Probate Code.
那麼您應該弄清楚
(a)協議書中是否有明白規定雙方如何處理房屋產權移轉的問題
(b)是否有載明雙方需要在多長的期限內處理這項問題
如果您們有上述的協議，對方應該須要執行這項協商所載的內容
至於您其他所提的問題，老貓建議您應和律師商量，不過老貓相信對方無論如合應該都不能永遠占著這一點不放
當然以加州FAMILY CODE為例,一旦你們的同居關係不存在時，您有權要求對方Transmute community property to separate property of either spouse.同時跟據SECTION 2650你有權要求賣房並平分財產
原文如下
FAMILY.CODE SECTION 2650
2650. In a proceeding for division of the community estate, the
court has jurisdiction, at the request of either party, to divide the
separate property interests of the parties in real and personal
property, wherever situated and whenever acquired, held by the
parties as joint tenants or tenants in common. The property shall be
divided together with, and in accordance with the same procedure for
and limitations on, division of community estate.
FAMILY.CODE SECTION 850-853
850. Subject to Sections 851 to 853, inclusive, married persons may
by agreement or transfer, with or without consideration, do any of
the following:
(a) Transmute community property to separate property of either
spouse.
(b) Transmute separate property of either spouse to community
property.
(c) Transmute separate property of one spouse to separate property
of the other spouse.
851. A transmutation is subject to the laws governing fraudulent
transfers.
852. (a) A transmutation of real or personal property is not valid
unless made in writing by an express declaration that is made, joined
in, consented to, or accepted by the spouse whose interest in the
property is adversely affected.
(b) A transmutation of real property is not effective as to third
parties without notice thereof unless recorded.
(c) This section does not apply to a gift between the spouses of
clothing, wearing apparel, jewelry, or other tangible articles of a
personal nature that is used solely or principally by the spouse to
whom the gift is made and that is not substantial in value taking
into account the circumstances of the marriage.
(d) Nothing in this section affects the law governing
characterization of property in which separate property and community
property are commingled or otherwise combined.
(e) This section does not apply to or affect a transmutation of
property made before January 1, 1985, and the law that would
otherwise be applicable to that transmutation shall continue to
apply.
853. (a) A statement in a will of the character of property is not
admissible as evidence of a transmutation of the property in a
proceeding commenced before the death of the person who made the
will.
(b) A waiver of a right to a joint and survivor annuity or
survivor's benefits under the federal Retirement Equity Act of 1984
(Public Law 98-397) is not a transmutation of the community property
rights of the person executing the waiver.
(c) A written joinder or written consent to a nonprobate transfer
of community property on death that satisfies Section 852 is a
transmutation and is governed by the law applicable to transmutations
and not by Chapter 2 (commencing with Section 5010) of Part 1 of
Division 5 of the Probate Code.
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