Legal Question in Real Estate Law in California

Can a ex-husband who has no payment on a home, evict the wife who has made all the payments, becuase his name alone is on the bank loan, but both names are on the deed?


Asked on 4/11/14, 4:11 pm

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Having your name appear on home-loan documents has nothing to do with the right of possession of real property, and hence does not give rise to a right to evict someone else who is in possession. Being a borrower is not synonymous with being an owner. Sure, there is usually a close connection, but the right of possession does not arise out of the duty to make payments. Perhaps the eviction is based upon some other legal principle ...... but even then, co ownership (names on title, rather than "names on deed" is the preferred terminology, by the way) usually (but not always and at all times) implies an equal right to (co-)possession of the entire property, along with all the other co-owners of record.

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Answered on 4/11/14, 4:20 pm

No.

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Answered on 4/11/14, 4:22 pm
Anthony Roach Law Office of Anthony A. Roach

Co-owners of property cannot use the unlawful detainer procedure that is called eviction in California. Neither co-owner has the right to exclude the other unless the divorce court issues a residence exclusion order as part of a domestic violence restraining order.

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Answered on 4/16/14, 10:43 am


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