Alex is a young, ultra-wealthy millionaire living in Los Angeles. He buys a mansion in Bel Air from a pop star, so the house is legally his.
Later, Alex has an affair with his cousin’s wife, Maya. They have a child together, but Alex and Maya are not married. (nor have they ever been married they had a one night stand and a child together)
Question:
Does Maya have any legal right to Alex’s Bel Air mansion simply because they have a child together, even though they are not married?
Same question applies if genders are reversed.
(Caveat: IANAL)
The specific property, no, probably not.
However, a child is owed “support” from both parents, normally in the form of direct care. Where one parent is not providing direct care, they can be ordered to provide financial support to the parent who is providing direct care.
If Alex and Maya have come to an agreement where Alex will provide that mansion in lieu if direct support or financial support, Maya has a claim to the property. If Alex is subject to a support order that includes providing the mansion to Maya, Maya has a claim. Barring a scenario including the house as support, Alex will owe money to caregiver Maya (or Maya will owe money to caregiver Alex) but will not owe the house itself.
Legal right to the property, no. Legal right to financial support for the child assuming they have custody, yes. That could potentially result in sale of the property, or an agreement to get the property in lieu of other assistance.
This should be the same regardless of which parent owns the house, but it is less common for fathers to receive child support.
Alternate details that could make it a bit more grey.
If the other parent lived in the house for a significant time while pregnant, tenancy laws could get complicated.
If the parent owning the house dies, especially without a will, the child would have a legal right to some inheritance, even with a will there could be arguments for some level of inheritance.
