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Removing and ex from your home in CA

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AMG17

Junior Member
What is the name of your state (CA)?

A friend of mine has been with a man for I believe 10 years and they have two kids together. They are not married and CA does not recognize common law marriage. The house is in her name and she pays all the bills associated with the house. She has decided she no longer wants to be with him and asked him to move out and he will not. What can she do and does he have any recourse at all since nothing is in his name?
 


Banned_Princess

Senior Member
What is the name of your state (CA)?

A friend of mine has been with a man for I believe 10 years and they have two kids together. They are not married and CA does not recognize common law marriage. The house is in her name and she pays all the bills associated with the house. She has decided she no longer wants to be with him and asked him to move out and he will not. What can she do and does he have any recourse at all since nothing is in his name?
She has to properly serve him a letter telling him the accepted reason she is kicking him out in 30 days.

Then if he hasn't left, or got her to keep him, she has to go to court to have him evicted from the premises by a judge.

If she likes her home she wont lock him out, or put his things outside.
 

Isis1

Senior Member
What is the name of your state (CA)?

A friend of mine has been with a man for I believe 10 years and they have two kids together. They are not married and CA does not recognize common law marriage. The house is in her name and she pays all the bills associated with the house. She has decided she no longer wants to be with him and asked him to move out and he will not. What can she do and does he have any recourse at all since nothing is in his name?
he sure does!! she cannot move him out without legally evicting him doesn't matter if his name is on the bills, the rent or on a best buy receipt. he lives there. it's his legal resident.

if she moves so much as a comb out of the house without his permission, she would be in violation of his tenants rights.

she needs read up on CA tenent laws befroe beginning the process.

(geez, this is the 3rd time this month i had to have this same conversation)
 

AMG17

Junior Member
He's not a tenant though. She owns the house and he lives there. How does that make it his legal residence if he doesn't own it or pay for anything? She couldn't just call the police and have him removed?
 

Isis1

Senior Member
He's not a tenant though. She owns the house and he lives there. How does that make it his legal residence if he doesn't own it or pay for anything? She couldn't just call the police and have him removed?
does she WANT to go to jail? by legal definition, he is a tenant. the police will not enforce an ILLEGAL EVICTION!!
 

AMG17

Junior Member
Seems very unfair. So she is going to have to get the courts involved either way. That's too bad. I think she was hoping to avoid that. She has no plans to remove anything of his. It's just becoming a serious frustration.
 

Banned_Princess

Senior Member
Seems very unfair. So she is going to have to get the courts involved either way. That's too bad. I think she was hoping to avoid that. She has no plans to remove anything of his. It's just becoming a serious frustration.
It wouldn't seem so unfair if it were YOU someone was trying to illegally remove from your home, by calling the cops on you.

I bet you would appreciate the rights of people in CA then.
 

Isis1

Senior Member
It wouldn't seem so unfair if it were YOU someone was trying to illegally remove from your home, by calling the cops on you.

I bet you would appreciate the rights of people in CA then.
no kidding!! coming home and getting tossed out because someone has control issues.

if girlfriend does this, she could find herself with a restraining order on herself, where she can't even come near her own home that she pays for. and losing any shot of primary custody of the children.

OP, tell your friend to not do it.
 

ecmst12

Senior Member
BTW, owner/landlord has to give ex-boyfriend SIXTY days notice not 30, he has lived there for more then a year.

She also needs to get her butt to court to get custody/visitation/child support for the children established.
 

LdiJ

Senior Member
does she WANT to go to jail? by legal definition, he is a tenant. the police will not enforce an ILLEGAL EVICTION!!
Ok...eviction is a civil matter and she won't go to jail for evicting him illegally. However, everyone else is still correct. The police will not help her remove him from the home unless she has gone through the process to legally evict him.

Even without a lease he is legally her tenant and therefore she must go through that process.
 

AMG17

Junior Member
This is not about control issues or her having a meltdown one day. This is about years of her busting her ass for her kids while he sits on the couch and spends her money. I think she has ever right to want him out. Stop being so judgemental. This forum for LEGAL advice. I could care less what your personal opinions are.
 

Zigner

Senior Member, Non-Attorney
This is not about control issues or her having a meltdown one day. This is about years of her busting her ass for her kids while he sits on the couch and spends her money. I think she has ever right to want him out. Stop being so judgemental. This forum for LEGAL advice. I could care less what your personal opinions are.
Are you dense? Where has ANYBODY said she doesn't have the right to want him out? Heck, *I* want him out just because he sounds like a sleaze. HOWEVER, this must be done according to the law. Furthermore, serving notice on somebody to move out does NOT mean that court would have to be involved. Now, locking somebody out WITHOUT proper notice - that can guarantee you a court appearance!
 

AMG17

Junior Member
I'm not dense but apparently you can't read. What seems unfair is that someone pays for everything and everything is in their name and the other person does nothing but suck up the air and she can't have him removed for 30 or 60 days whichever it is? I know you don't make up the law, I'm just saying to me that seems ridiculous and it's implied that it's not ridiculous because maybe she has control issues and if you were him you'd want to be protected. If I were a loser who couldn't pay a dime on the mortgage where I'm living for 10 years than maybe I deserve what I get.
Thanks for the advice.
 

Banned_Princess

Senior Member
I'm not dense but apparently you can't read
.

You are dense. we can read, can you write and understand what you are reading? you dont want a fight here.

What seems unfair is that someone pays for everything and everything is in their name and the other person does nothing but suck up the air and she can't have him removed for 30 or 60 days whichever it is?
Its 60 days definately, and maybe your "friend" shouldnt have let it go on 10 years. she has only herself to blame. cant blame the dude. I would live that way if I could too.


I know you don't make up the law, I'm just saying to me that seems ridiculous and it's implied that it's not ridiculous because maybe she has control issues and if you were him you'd want to be protected.
Citizens have rights. people who live places have rights. they are completely fair, and very easy to understand. Tell your friend to go consult a lawyer if she doesnt get it. there is a process and our society is based on our processes.



If I were a loser who couldn't pay a dime on the mortgage where I'm living for 10 years than maybe I deserve what I get.
The looser you are refering to is your friend. like I said 10 years is very long to allow that kind of treatment.
 

mistoffolees

Senior Member
This is not about control issues or her having a meltdown one day. This is about years of her busting her ass for her kids while he sits on the couch and spends her money. I think she has ever right to want him out. Stop being so judgemental. This forum for LEGAL advice. I could care less what your personal opinions are.
Then she's had years to evict him. You've already received the legal advice and you keep ignoring it for some reason. She has to follow the correct procedures in order to get him out.
 

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