A BIG Question

[astreaux1]

What is the name of your state? California
I am going to divorce my wife however she still lives with me (in a home that is owned by my parents). Once she is served, how long until she must leave the residence? That is my million dollar question.

Thanks.

 

[TomHartmann]

What is the name of your state? California
I am going to divorce my wife however she still lives with me (in a home that is owned by my parents). Once she is served, how long until she must leave the residence? That is my million dollar question.

Thanks.

Is her name on the lease or not?

 

[astreaux1]

She is not on any lease (there is no lease), we do not owe each other anything, we don't have any property to divide other than furniture.

 

[TomHartmann]

She is not on any lease (there is no lease), we do not owe each other anything, we don't have any property to divide other than furniture.

Since she isn't on the lease, she can leave anytime.

 

[betterhalf]

comment to astreaux1

In California...astreaux1 asked how long until she MUST leave...but the answer was directed more toward when she CAN leave....can you clarify? Is there a certain amount of time that a woman has before she HAS to leave under the conditions he mentioned?
thanks

 

[TomHartmann]

In California...astreaux1 asked how long until she MUST leave...but the answer was directed more toward when she CAN leave....can you clarify? Is there a certain amount of time that a woman has before she HAS to leave under the conditions he mentioned?
thanks

What I meant was that if she wasn't on the lease, she can be booted out RIGHT NOW if his parents feel like.

- Tom

 

[astreaux1]

So once she is served she MUST leave the residence right away or does the law state (in California) that she has a certain time period in which to vacate? I don't want a logical answer, I need to know what the law indicates. Thanks for your help!!!

 

[LdiJ]

So once she is served she MUST leave the residence right away or does the law state (in California) that she has a certain time period in which to vacate? I don't want a logical answer, I need to know what the law indicates. Thanks for your help!!!

Whether she is on a lease or not its still the marital home, and she also still has tenancy rights. She cannot be "booted" from the home. She gets to stay until she voluntarily leaves, or until a judge orders her to move out.

 

[astreaux1]

-California-
So my parents who own the home can have her evicted if she refuses to move out? It's really weird having both of us in the same house while a divorce is in the process, you think she would just leave but no I guess she's going to take her time about it further making my life a miserable hell. At least I have somewhere to go from time to time. I just wish she would pack up and go!

Thanks for your replies.

 

[LdiJ]

-California-
So my parents who own the home can have her evicted if she refuses to move out? It's really weird having both of us in the same house while a divorce is in the process, you think she would just leave but no I guess she's going to take her time about it further making my life a miserable hell. At least I have somewhere to go from time to time. I just wish she would pack up and go!

Thanks for your replies.

No, I honestly don't believe that your parents can evict her outside of the divorce....and in any case the process of eviction takes several months. Just be patient and when you have the opportunity, ask the judge to order her to move.