Legal Question in Landlord & Tenant Law in California

My husband was caregiver for his mother and lived in her home for over a year. I moved in after her death. The home is in a trust. My husband and his brother are co-beneficiaries, but the brother is the trustee. The two brothers are arguing about the money.

In the meantime, my brother-in-law filed to have us evicted. This has been going on for over a year.

We have a four year old, and I didn't want to risk our child experiencing a lock out. So I moved out, but my husband stayed.

I notified my brother-in-law and his attorney after filing an answer to the UD, but before they requested a hearing. They have refused to remove my name. What's worse is my husband's attorney says he can't represent me, so I am going in by myself.

Can I get the case against me dismissed? Or is the fact that I'm legally married to someone still living on the property going to cause an issue?


Asked on 8/18/14, 8:15 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

If possession is no longer an issue, then normally an unlawful detainer case is amended and converted to a regular civil case for any unpaid rent. But possession is at issue where your husband remains in the premises and you have the ability to return at any time. A dismissal in that situation would be futile, and force the plaintiff to have to refile an unlawful detainer case.

You should really consult with an attorney, as you may be entitled to other defenses. It is not at all clear why your husband's attorney is not also representing you.

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Answered on 8/20/14, 8:43 am


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