Legal Question in Real Estate Law in California

Here is the answer to my previous question which I appreciate:

What does the Court Order say as to these issues? If child support was part of the judgment demand he pay, inform the local DA [they try to collect the support payments] and find out from them if his driver's license can be revoked, how can yo get him out of the house. Did he used to pay rent or just part of the mortgage payments; if he did not pay rent, it is possible he is a boarder so the normal eviction proceeding do not have to be used. If he paid rent, hit him with a three day and 30/60 day notice. Contact the local groups formed to support women undergoing divorces or other domestic problems.

George Shers

Law Offices of Georges H. Shers

4170 Glenwood Terrace, Suite #1

Union City, CA 94587

First of all we have never been married. The court did not appoint child support due to the amount of time spent with children is 50%-50% for both parents. And my ex and I make almost the same amount of money. So there is no child support involved. If whomever is reading this you can see by the answer, it asks if he previously paid rent or pays rent. My answer is NO! He use to make the mortgage and stopped making payments as of July 2008 last year, I took care of the property taxes, home insurance, groceries, kids needs, etc. I made the last payment for August 2008, but I could not afford the payments by myself. So I had to default in order to begin a hardship loan modification program and I am the sole person on title (single woman) I want him out of my house, no mortgage payments have been made to the home since August of last year. I agreed to half time with the kids for out kids sake. But he is still under the same roof as I am. The home is going under modification almost auctioned off Sept. 10, 2009. But I was able to postpone, due ti information requested by the mortgage compnay. I have been paying all the utilites and still paying the home insurance by myself. And I am the only one that has been working on modification by myself, trying to hold onto my childrens home. He wont leave!!! I need some advice on what to do? What can I do to get him out???? Legally it is my home right? I am the only one on the Tilte...Help me!!!


Asked on 9/10/09, 1:45 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

It is your home but he likely is entitled to get back his mortgage payments from any profits if the house is eventually sold [but not a foreclosure sale]. You should go back to Court to explain the situation to the judge as silnce you are making all payments including for food and it is your house, there should be child support and perhaps a restraining order because of his threat to make your life miserable. Perhaps you can get the judge to rule that he needs to get out of the house. Since he is not a renter you should be able to just change the lockes when he is out of the house and tell your children not to let him in. You need to stand up to him. It is not helping the children to let him run all over you.

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Answered on 9/10/09, 2:32 pm


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