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  #1  
Old 09-15-2008, 04:47 PM
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Join Date: Sep 2008
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Unhappy

Real Estate Agent suggested that I proceed to Eviction


What is the name of your state (only U.S. law)? California
Hello,
I was divorced on 7/1/08. We were told that we had to work together to sell the home. My ex is a drunk and doesn't take his meds for his bi-polar condition. My 21 year old son lives there, and my 23 year old son with wife and two babies (all in one room) live there and my EX.

I can't sell the home because it's a pig sty sp?. I need the house empty so to show it to prospective buyers.

With all that live there, there are probably four or five dogs there too.

I only have til December 2nd before we go back in front of the judge.

I was told to get my lawyer to go for an eviction so that we could sell it. It's difficult to wrap my head around having to evict my sons but it needs to be done.

Should I hire an another attorney to do this because my attorney doesn't do evictions.

Or can I do this through self help methods??

Thank youWhat is the name of your state (only U.S. law)?
  #2  
Old 09-15-2008, 05:08 PM
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Join Date: Dec 2006
Posts: 302
I am sorry to read of your troubles.

Get another attorney - FAST.

Do the eviction...SOON......its not going to be easy. It is not doing any of the parties any good to get by while stiffing you for the fair cost of living.

Do not forget to sue the adults in the household [besides the ex-husband] for a reasonable, but market rate rent. Make sure that he utilities are being/have been paid. It is quite likely that they are not and as a co-owner you might very well be liable for at least a 1/2 share of those bills as well.


For gods sake, HURRY-UP!

Last edited by rowz; 09-15-2008 at 05:10 PM. Reason: I made mistakes and omissions
  #3  
Old 09-15-2008, 10:07 PM
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Join Date: Sep 2008
Posts: 2
Wink

Thanks for the help rowz!!!


Hello rowz:

This has been the most difficult 2 1/2 years I have ever had to go through mentally, physically and emotionally. Then add ungrateful grown kids, I just sit and shake my head - what the heck went wrong? It's like I don't know these people anymore. Your right they have abused the help and feel that they are entitled to more!

I appreciate your help tremendously. Thank you for pointing me in a direction. Appointment being made tomorrow morning!!! Hiring one attorney and FIRING another.

Again Thanks,
gemstar
  #4  
Old 09-15-2008, 10:10 PM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by gemstar View Post
Hello rowz:

This has been the most difficult 2 1/2 years I have ever had to go through mentally, physically and emotionally. Then add ungrateful grown kids, I just sit and shake my head - what the heck went wrong? It's like I don't know these people anymore. Your right they have abused the help and feel that they are entitled to more!

I appreciate your help tremendously. Thank you for pointing me in a direction. Appointment being made tomorrow morning!!! Hiring one attorney and FIRING another.

Again Thanks,
gemstar
**A: an eviction is a hard road since your ex is a co-owner of the property. You are going to have to follow the property distribution agreement in your divorce. Then sue based on performance or lack thereof.
  #5  
Old 09-15-2008, 10:35 PM
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Join Date: Mar 2006
Posts: 6,673
As a general rule, owners have a right to possession. You can't evict a co-owner unless "We were told that we had to work together to sell the home." implies a court-ordered hinderance on possession. I don't think it does. When you go back to court, present the facts and move he must vacate the premises by such and such a date. I don't think "eviction" is the answer.
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  #6  
Old 09-21-2008, 10:47 PM
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Join Date: Mar 2008
Location: North Carolina
Posts: 118
see if your husband would be willing to sign a quit claim deed.
  #7  
Old 09-21-2008, 11:45 PM
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Location: Catatonic State
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Quote:
Originally Posted by CharlotteInvest View Post
see if your husband would be willing to sign a quit claim deed.
**A: well. it's a long shot to get the drunk bi-polar husband to do anything.
  #8  
Old 09-22-2008, 10:11 PM
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Location: North Carolina
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Quote:
Originally Posted by HomeGuru View Post
**A: well. it's a long shot to get the drunk bi-polar husband to do anything.
speak for yourself.
  #9  
Old 09-23-2008, 09:05 AM
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Join Date: Oct 2005
Location: Ohio (southwest)
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Quote:
Originally Posted by CharlotteInvest View Post
speak for yourself.
Again with the insults! You are on the wrong forum! What's wrong with you? Time for you to leave!

HG was referring the the posters husband;
Quote:
Originally Posted by gemstar View Post
My ex is a drunk and doesn't take his meds for his bi-polar condition.
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