Temporary Housing Order

What is the name of your state? California

Hi all - I am shepherding my mom through her separation and eventual divorce. Her husband (13 yr marriage) locked her out of their house, so she has been staying in their vacant rental house for the time being. Here are the problems - 1. Her name is not on the deed to either property, this is one of the reasons they are splitting at last, things were all in his name, everything. It went on too long, but no one could get through to my mom about this until she was ready to face it. 2. In the last few weeks while she was getting her head together (he thought she was leaving, but was only considering it) he has transferred the marital home and this rental property to his son so my mom couldn't stake any claim on either, despite neither being in her name.

What are her rights with regard to staying in the rental house? She's currently staying with my family inour tiny house and it's NOT working.

Thanks!

She should get an attorney like yesterday. She may have already messed up. They couldn't have kicked her out of either place with out a court ordered eviction, which takes time. Now that she has voluntarily abandoned, she may not be able to go back if her name isn't on anything. She needs an attorney to fight for her. She can get some things and portions of others, and possibly alimony, but she doesn't need to make any more dumb moves without legal advise.

He messed up big time too. He cannot illegaly evict her, he has transferred what is likely marital property to someone else...the sooner she files for divorce the better. And she should get a court order to stay in the rental property if she can which may be easy if the judge sees what he's up to, or hard if the judge views this as his sons property.

Reply...

Well, she is not very stable emotionally. This instability is above and beyond the norm for someone in her situation (I have divorced and know that feeling well.) She has represented herself poorly to potential lawyers. Getting hysterical, and having unrealistic expectations and unsubstantiated claims. She believes the son is plotting to get all the property, but there is no roof and I don't believe this to be the case.

I have been trying to help her with this, (got her new meds, dr visits, offered to arrange counseling) to no avail. I advised her to file immediately, but since NOTHING is in her name she was afraid he would die and she would have nothing, he is in poor health, but as tough as a cockroach. I hooked her up with Divroce Help and I got her to at least file for legal separation, but we'll see how it goes. I appreciate the feedback, thanks for your replies.