Legal Question in Real Estate Law in California

how can i do eviction on my ex. husband he's in jail now for damage he did to my house the jugde told him he couldn't be anywhere around me but they didn't tell he had to move so what can i do


Asked on 12/19/12, 3:39 pm

1 Answer from Attorneys

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

I think your starting point is to figure out who legally owns the house, and who has the right to be in possession of it, i.e., who can live there. The law is somewhat complex on this subject, especially post-divorce. Your final divorce decree probably contains at least a partial answer; it should deal with ownership of all property, post-divorce. The rest of the answer probably lies in the proper application of the laws governing possession and control of co-owned property. The essence of such laws is that each co-owner has a right to possess and occupy the entirety of the co-owned property; in effect making you involuntary roommates. However, as a practical matter, the law also provides that when one co-owner is (temporarily) out of possession, he or she cannot simply demand a key and go back into possession; he or she must first go to court and get an order for co-possession. So, the long and short of it is that you probably are going to need personal legal representation to determine where your divorce left your respective ownership and possession rights, and to get legal advice on how he may be ousted. I also think you need to be especially cautious about the possibility of violence to the house or to your person, so do not hesitate to contact your local police if you feel endangered.

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Answered on 12/20/12, 9:36 am


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