Legal Question in Family Law in California

I have an issue i have tried to divorce 15 years ago and the papers did not go through my ex wife left on 1994 and abandoned my 2 kids with me so i had became a single father. she came back to my kids life almost a year ago my kids are already adults, my ex was having problens were everywere she goes nobody wanted her. so my daghter that is 28yrs brought her to my house to rent a room. we were never together we never decided to work things out just to give her a hand i decided to rent a room untill she found a better place.now i dont know how tonget her out of my house, she suffers of mental issues she suffers of bypolar and skitsofrenia, i hav eminors in the home and i am afraid that this woman might do something to them. she is a really violent person. but what im afraid is that she might claim my my house as well if we divorse when this house was purchused right after she left.


Asked on 9/14/09, 8:44 pm

2 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Your situation presents a legally interesting situation. There may be several possible courses of actions. It would appear that your first course of action should be to obtain a domestic violence restraining order removing her from your home. This should be the first priority to protect the minors in your home. Due to the lengthy passage of time since the filing of the divorce papears 15 years ago that case has probably been dismissed. Go to the court and ask the clerk if you can review the file. If the file is available review the file to determine its status. That is has it been dismissed, or was the marriage dissolved. If the case has been dismissed, the simplest procedure may be to refile the petition for dissolution of marriage. Be sure to list the date of separation as the date of the original separation, 15 years ago. The fact that the house was purchased after the separation would reduce the probability of the house being community property. There would be a community property interest in the house only if the funds used in the purchase were required during the marriage, before separation.

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Answered on 9/14/09, 9:25 pm
Robert Mccoy Law Office Of Robert McCoy

You may be able to seek a Temporary Restraining Order requiring her to move out immediately, or you may be able to give her a 30 day notice to vacate and then evict her if she does not move out.

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Answered on 9/15/09, 2:59 pm


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