divorce and eviction

[inimegadams]

What is the name of your state (only U.S. law)? California, Wife wanted a divorce after 58 years of marriage. in the divorce she did not want the home and she signed the deed over to me. I left the home til the divorce was final. Now that divorce is final i want to move back into the home. Can i evict her and how do i go about doing so.

 

[justalayman]

if the transfer was proper and valid and you are now the sole owner, if you want your ex wife to leave, you issue a notice to quit. Depending on the timeline it could be required to be either 30 or 60 days. If she has not left by the end of that period you file an unlawful detainer suit seeking to have the court order her to leave. If she still does not leave you seek the courts actions to have her actually removed from the home.

 

[Zigner]

Depending on how long it's been since the divorce was final, I don't agree. The OP has a court order for the ex to move. He should be able to enforce that order immediately.

 

[justalayman]

The OP has a court order for the ex to move. He should be able to enforce that order immediately.

He does? Where do you get that? Just because title transferred, it does not mean his intent was to take possession. Unless it was ordered the wife would move from the property in the divorce, OP has a tenant.