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Evict Girlfriend and her kids

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fun2be007

Guest
What is the name of your state? California

How fast can I evict my girlfriend and her teenage sons.

I own a home by myself. My girlfriend has been living here with me for 5 years with her two teenage kids and the two small children we had together. Our son was born in 2000 and daughter in early 2001. We agreed that she should stay home (and not work) so the kids could be cared for. I would cover all expenses. I could not afford to do this for more than a year. However we agreed that in spring 0f 2002 she would go back to work.

She decided to not go back to work at all and I am near bankruptcy as 2005 approaches so I will need to sell the house to get out of debt. However, the house needs a lot of work. I need to get her and the kids out so I can repair the house and then sell it.

Needless to say our relationship has had a falling out and we are ready to part ways. I know if I ask her to leave she will not go but will force me to evict her. So I want to find out what is the quickest way to do this. Does the fact we are girlfriend and boyfriend (and have children together) change anything on how the law handles evictions?

We did sign a rental agreement back in 2000. It basically specified rent amount, utilities and others items standard in a rental contract (we used a standard form and modified it to suit our needs). She paid rent off and on from September 1999 until early 2001 but nothing after that. Is there any financial liability on her part even though I did not make an effort to collect? I was wondering if a rental agreement is binding in that way.

On of hers sons just turned 18 if that makes a difference. Also, this 18 year old son has added major conflict in our relationship. I would prefer to just evict him but she will probably fight this. If you have options I can pursue for just evicting him let me know as well. Do I have to evict them separately?

Any advice would be appreciated.


Thanks....
 


rmet4nzkx

Senior Member
I looked at your other posts, the majority of your debt was from credit card debt prior to your relationship, so don't blame this situation on her fialure to get work and she did work some of that time according to your other posts.
While you might have had a rental agreement and she may have paid for a period of time, you have not enforced that agreement nor have you acknowledged your rental of her womb. Her care for your children amounts to like for kind payment. Because you failed to enforce your rental agreement your conduct shows that you are not abiding by that contract and would be estopped by Cal. Evidence Code 623.
As you have asked before, you would be responsible for at least child support, so evicting her is going to increase your expenses, not reduce them. Have you Tried to refinance your home to take advantage of the very low interest rates of recent years or was your credit already too bad to refinance? If so, not her fault.
According th CCCP 1946 you have to give 60 days notice before begining eviction proceedings, then she can fight the eviction or she could bring an action in family court and who knows what the judge will order.
You state that the real reason is conflict with her 18 yo son and that all you want to do is to evict him but that she will fight that.
You said in a previous post that the older child's father died last year and there was no child support, was there Social Security benefits, did she apply? While these benefits cease at 18 she would be entitled to those benefits and back payments if she was married to that child's father and/or paternity was proven, the other child had the same father? If so, is she getting benefits for that child still either as child support and/or SSA survivor's benefits.

It sounds like you and she may have some financial resources that were not accessed, however you knew this when you started living together and commited to raise two children together.
This is not simple.

The 18 yo son is an adult in California, there is nothing she can fight if you evict him, however you will have to do that legally. Perhaps you can sit down and have a strong talk with him, write up a rental agreement with a reasonable amount for room and board, along with any reasonable requirement for him as a tenant, if he signs it you have a contract and will have to abide by it, but that also gives a reasonable opportunity for conflict resolution, if he fails to pay the rent or abide by the agreement, then you can give proper notice (60 days), if he won't sign the rental agreement then you can evict him sooner, I suggest the longer option as you still have to co parent with the mother of your children for some time, and your financial problems existed prior to your relationship with her so don't take it out on your children for your past mistakes.
 

HomeGuru

Senior Member
fun2be007 said:
What is the name of your state? California

How fast can I evict my girlfriend and her teenage sons.

I own a home by myself. My girlfriend has been living here with me for 5 years with her two teenage kids and the two small children we had together. Our son was born in 2000 and daughter in early 2001. We agreed that she should stay home (and not work) so the kids could be cared for. I would cover all expenses. I could not afford to do this for more than a year. However we agreed that in spring 0f 2002 she would go back to work.

She decided to not go back to work at all and I am near bankruptcy as 2005 approaches so I will need to sell the house to get out of debt. However, the house needs a lot of work. I need to get her and the kids out so I can repair the house and then sell it.

Needless to say our relationship has had a falling out and we are ready to part ways. I know if I ask her to leave she will not go but will force me to evict her. So I want to find out what is the quickest way to do this. Does the fact we are girlfriend and boyfriend (and have children together) change anything on how the law handles evictions?

We did sign a rental agreement back in 2000. It basically specified rent amount, utilities and others items standard in a rental contract (we used a standard form and modified it to suit our needs). She paid rent off and on from September 1999 until early 2001 but nothing after that. Is there any financial liability on her part even though I did not make an effort to collect? I was wondering if a rental agreement is binding in that way.

On of hers sons just turned 18 if that makes a difference. Also, this 18 year old son has added major conflict in our relationship. I would prefer to just evict him but she will probably fight this. If you have options I can pursue for just evicting him let me know as well. Do I have to evict them separately?

Any advice would be appreciated.


Thanks....
**A: after you read the L/T law, then you may ask specfic questions.
 

rmet4nzkx

Senior Member
HomeGuru said:
**A: after you read the L/T law, then you may ask specfic questions.
And read BK amd family law too!
9-1-2003:
fun2be007 said:
What is the name of your state? California

About 10-11 years ago I got into debt with credit cards (about $20K) due to job loss and a business partnership failing. I am not proud of that moment in my life but I reached a point where I filed for Bankruptcy. My bankruptcy did not go through. I will ask my questions first and then read below for the details if needed.

Is there anything I can do to get my creditors to stop mailing me and calling me? Is there a statute of limitations in California where if they were going to go after me they would have had to have done it by now (it's been 11 years since my last payments)? My accounts keep getting sold to new credit collection agencies and then I get new requests to call their 800 number and ask for so an so at extension 318 etc....

Below are the details of my situation.

My bankruptcy was handled very poorly by my lawyer (and me) and as a result it was sent to an appeals court for review. The appeals court judge was very upset and said this was put together very poorly "start over and resubmit" He did not deny it he just said resubmit.

The attorney fees cost me $3000 dollars between the appeal and the actual bankruptcy. Of course this happened during a time where I was flat broke, but my attorney had me pay up front. As a result I did not have enough money to resubmit for bankruptcy even though looking back I should have come up with the money somehow.

After that I just ignored my creditors. First of all they had already stopped calling me because of the bankruptcy.

However, a few years later a couple of them started calling and mailing me again. I just ignored them. Well time has gone by (about 11 years) and they are still calling and mailing me. Since then I have actually reestablished my credit somewhat (through secured credit cards). I have been a good credit customer for the last 10 years and now get offers for non secured credit cards. I still get denied for lots of other credit offers though but I get by just fine. I don't have significant credit lines but that's ok. I have maintained a house for the last 13 years and I understood back then that credit cards are non-secured credit so they can't touch the house.

I am not in a position to pay them back and to be honest unless I had a lot of money I would not do so. I made a mistake back then but the sacrifice I made allowed me to save my home and that is probably going to be my retirement fund. I feel if my bankruptcy were done more carefully I would have been approved.

Thanks in advance for your replies....
IT is his fault alone for his financial situation, not because she didn't pay him rent or go to work. To solve his situation he wants to evict his own toddlers/children who are under the age of 5?
I will reserve my real thoughts but it has to do with a wet rawhide head band, honey, ants, ropes, stakes and the hot sun

:eek:
 
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fun2be007

Guest
Rmet Thanks for spending the time to check my previous posts and post a long informative reply. I appreciate your honesty. This situation is much more difficult and involved than a one page post can allow and I tried to keep the trash talk to a minimum and only state information concered with the law.

Yes I was in credit card debt about 10 years ago but that was not an issue because in the last 7 years I have been financially responsible and debt free. When my girlfriend and I had our two children we both agreed that I could not afford to support four children and herself on my income. I saved enough money to support everyone for a year. We agreed that she would get a job when our youngest turned one. A million other couples (married or not) do this same thing so it's not that difficult.

Now in the last two years I am getting into credit debt again because of a lack of an additional income. If I don't do something we will all be on the street. At least this way I can take care of our kids in my home. Daycare is not an issue because I already pay for them to be in daycare all week. She goes to school all week (that's her excuse for not working). She survives on the SS she receives for her x husbands death.

I think I am being responsible in kicking them out and forcing her to get a job. I will take care of our two kids until she gets on her feet. I have worked two jobs to cover the extra expenses but she gets pissed because I am never home.

Ok enough trash...
 

rmet4nzkx

Senior Member
Come on now, be honest, I went to a lot of trouble to respond to you and you thank me and gloss it over.

You were not out of credit card debt last year when you posted a question and it was old debt that you were concerned about, you were not debt free. You completely avoided the issue of refinancing your home and have fallen back into your old ways.

While your GF may not work, you allowed the situation and while she may not work, now, the SS she gets since her ex died, makes up for that income and you would lose the benefit of that in your houshold if you were to marry, when the other child turns 18 or if you kick her out.

Insofar as the cost for your children, child support would be in addition to childcare expenses, remember, an education will improve her chances for better paying employment in the future. Don't plan on getting custody of those children, she will put up a fight. Back to the drawing board your plan won't fly.
 

rmet4nzkx

Senior Member
HomeGuru said:
Ok, I'll go along with that type of punishment.
What can I say, sometimes the punishment must fit the crime, although he thanked me, he still didn't get the picture, he thinks he is going to kick her out and get custody of two children under the age of 5 because she goes to college?
 
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fun2be007

Guest
Taxi, this is par for the course here. I have since done some follow-up and several of rmet4nzkx’s responses were not legally accurate.

You come to these sites and occasionally someone will give you good advice. Most of the time you have to deal with these unprofessional, self righteous people most of whom are probably kids playing fantasy legal advisor.

What amuses me most is the time spent online typing replies and opinions so everyone can see how good they are and then they don’t check or validate their answers. rmet4nzkx is a prime example.

This is what can happen when parents allow their kids unsupervised on the internet.

I will go to another legal forum and ask the question in a simple way and see if I can get a simple accurate response.

It’s a shame that free advice has people like rmet4nzkx listed as a senior member. In my opinion this is a disgrace to the site.
 

HomeGuru

Senior Member
fun2be007 said:
Taxi, this is par for the course here. I have since done some follow-up and several of rmet4nzkx’s responses were not legally accurate.

You come to these sites and occasionally someone will give you good advice. Most of the time you have to deal with these unprofessional, self righteous people most of whom are probably kids playing fantasy legal advisor.

What amuses me most is the time spent online typing replies and opinions so everyone can see how good they are and then they don’t check or validate their answers. rmet4nzkx is a prime example.

This is what can happen when parents allow their kids unsupervised on the internet.

I will go to another legal forum and ask the question in a simple way and see if I can get a simple accurate response.

It’s a shame that free advice has people like rmet4nzkx listed as a senior member. In my opinion this is a disgrace to the site.
**A: YOU along with taxiidiot are a disgrace to this site. Take your problems and leave. Good riddance.
 

I AM ALWAYS LIABLE

Senior Member
My response:

If she's smart, and sees a local attorney, she could REALLY screw you up by making a "Marvin" claim. Read it: Marvin v. Marvin (1976) 18 Cal.3d 660.

IAAL
 

rmet4nzkx

Senior Member
fun2be007 said:
Taxi, this is par for the course here. I have since done some follow-up and several of rmet4nzkx’s responses were not legally accurate. Which ones? I cited applicible California Law, are you saying that the laws of the state of california are wrong? If so, please cite the correct reference, I can only respond based on your input.

You come to these sites and occasionally someone will give you good advice. Most of the time you have to deal with these unprofessional, self righteous people most of whom are probably kids playing fantasy legal advisor. Like you???

What amuses me most is the time spent online typing replies and opinions so everyone can see how good they are and then they don’t check or validate their answers. rmet4nzkx is a prime example. Please give examples to support your accusations, folks remember this is from a man who enters into a relationship with over $20K in creditcard debt he is avoiding his creditors, contracts with a woman to bear 2 children for him and then wants to evict her and her older children in the middle of winter and keep their 2 young children in the dead of winter because HE can't manage his finances again? What's wrong with this picture? He thinks a judge is going to give him custody of his children, to avoid child support because she goes to college, all while he won't or can't refinace his house?

This is what can happen when parents allow their kids unsupervised on the internet.
So you are a child?

I will go to another legal forum and ask the question in a simple way and see if I can get a simple accurate response.
Make sure you give them the whole truth if you want an accurate answer, if you do, it will be the same, I didn't write the laws.

It’s a shame that free advice has people like rmet4nzkx listed as a senior member. In my opinion this is a disgrace to the site.
LMAO again, is it a full moon or something????
 

HomeGuru

Senior Member
I AM ALWAYS LIABLE said:
My response:

If she's smart, and sees a local attorney, she could REALLY screw you up by making a "Marvin" claim. Read it: Marvin v. Marvin (1976) 18 Cal.3d 660.

IAAL
**A: that would do it. Fun2pee would be pissed.
 

rmet4nzkx

Senior Member
I AM ALWAYS LIABLE said:
My response:

If she's smart, and sees a local attorney, she could REALLY screw you up by making a "Marvin" claim. Read it: Marvin v. Marvin (1976) 18 Cal.3d 660.

IAAL
LOL, I didn't want to give him too much help since he is so smart.
I nominate this thread for next year's contest ;)
 
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