Cant beleive it happened, my husband EVICTED me from my own house!

I'm in California. My husband fed a bunch of lies to his lawyer. Now, by court order I have to get out in 45 days because he claims I am "disrupting the house". The house was originally my mothers who signed it off to us as a gift 7 years ago. He is a drug and alcohol abuser (but recently semi-clean) and now I am the one who has to leave. I take care of my mom who is partially blind, in that same house....
I know my lawyer must have made some bad decisions...he chose to fight for the house while his lawyer fought for custody. I thought that my daughter, 17 yrs old, would be able to choose who she wanted to stay with....
Now I am out of the house and required to pay over $700 in child support. We had all laughed and his desire to evict me, but now realize HE GOT AWAY WITH IT!
I am looking for an apartment, but I have very little funds and will have to bring my Mom wherever I go.
Can ANYONE HELP? I would really appreciate it...even if you have a good lawyer to recommend....Thank you

chascomus said:

I'm in California. My husband fed a bunch of lies to his lawyer.

Apparently though he was able to prove enough to the court to get his temporary order.

Now, by court order I have to get out in 45 days because he claims I am "disrupting the house". The house was originally my mothers who signed it off to us as a gift 7 years ago.

Doesn't matter if it was originally your mother's. What matters is that it is now marital property. Therefore it belongs to both of you.

He is a drug and alcohol abuser (but recently semi-clean) and now I am the one who has to leave. I take care of my mom who is partially blind, in that same house....

Prove that he is a drug and alcohol abuser. And there is no such thing as semi-clean. Someone is either clean or not. Also it doesn't matter that your mom is partially blind. She apparently was not evicted.

I know my lawyer must have made some bad decisions...he chose to fight for the house while his lawyer fought for custody. I thought that my daughter, 17 yrs old, would be able to choose who she wanted to stay with....

did you tell your attorney to fight for the house and not custody? Did you ask your attorney whether your daughter would have a choice of where she would stay. What you think doesn't matter. The problem is your attorney did what you conveyed you wanted him to do. Children do not get to choose except in one state -- not yours. When your daughter becomes an adult she gets to choose.


Now I am out of the house and required to pay over $700 in child support. We had all laughed and his desire to evict me, but now realize HE GOT AWAY WITH IT!

Too bad you spent a lot of time laughing. He didn't get away with it. He proved his case. Which happens. As for child support that is set by state statute and is about putting numbers into a formula. If you are paying $700 a month in child support for one child you must earn a substantial amount.

I am looking for an apartment, but I have very little funds and will have to bring my Mom wherever I go.
Can ANYONE HELP? I would really appreciate it...even if you have a good lawyer to recommend....Thank you

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If your mom was not evicted she can stay. And you can't say your soon to be ex husband is all that bad if you were willing to NOT fight for your daughter. There are parts missing to what you are telling us. Again as you have been told call the local law schools or the bar for referrals. We dont do that here.

chascomus said:

The house was originally my mothers who signed it off to us as a gift 7 years ago.

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WHY do people do this kind of idiotic "deeding" of therir real estate without consulting withba good freal estate or estate planning attorney to make ccertain that whatever happens, the deeding party's RIGHT to continuously reside in their residence is protected? You ALLOWED your mom to quit claim to you AND husband, which was a bad idea, and failed to reserve a life estate for her protection. Or to exoplore alternate ways of approaching edtate planning so that mom's best interests under all potential scenarios would be protected.

Go to court and get an EA restraining order for your disabled mother, this will evict him from the residence.

rmet4nzkx said:

Go to court and get an EA restraining order for your disabled mother, this will evict him from the residence.

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There is also a divorce and minor child, according to a different thread, and dad was already granted custody of the minor child and occupancy of the residence.

chascomus said:

I'm in California. My husband fed a bunch of lies to his lawyer. Now, by court order I have to get out in 45 days because he claims I am "disrupting the house". The house was originally my mothers who signed it off to us as a gift 7 years ago. He is a drug and alcohol abuser (but recently semi-clean) and now I am the one who has to leave. I take care of my mom who is partially blind, in that same house....
I know my lawyer must have made some bad decisions...he chose to fight for the house while his lawyer fought for custody. I thought that my daughter, 17 yrs old, would be able to choose who she wanted to stay with....
Now I am out of the house and required to pay over $700 in child support. We had all laughed and his desire to evict me, but now realize HE GOT AWAY WITH IT!
I am looking for an apartment, but I have very little funds and will have to bring my Mom wherever I go.
Can ANYONE HELP? I would really appreciate it...even if you have a good lawyer to recommend....Thank you

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nextwife said:

There is also a divorce and minor child, according to a different thread, and dad was already granted custody of the minor child and occupancy of the residence.

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I understand that that is why I suggested the EA restraining order since OP's mother is not a part of the divorce. and neither attorney was representing her interests. However in this thread, https://forum.freeadvice.com/showthread.php?t=330686 she is stating that her mom signed over the Quit claim to her sister and her drug abusing husband, so wha tis the truth? In any event OP's mom needs someone to represent her interests and an EA restrainng order can help in that regard and perhaps a GAL?

rmet4nzkx said:

I understand that that is why I suggested the EA restraining order since OP's mother is not a part of the divorce. and neither attorney was representing her interests. However in this thread, https://forum.freeadvice.com/showthread.php?t=330686 she is stating that her mom signed over the Quit claim to her sister and her drug abusing husband, so wha tis the truth? In any event OP's mom needs someone to represent her interests and an EA restrainng order can help in that regard and perhaps a GAL?

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I understand that elder mom should not be evicted, but it is unlikely DAD will be restrained from residence NOW, as any request for a restraining order post-judgement will appear to be in retaliation for poster losing in court. And as Dad has legal custody, if mom evicts HIM, she, in essence, also evicts daughter. Also, if mom is elder mom's primary caregiver, having mom stay with dad may not be workable. Technically, elder mom may NOT have been evicted, just poster. Poster is making so many contradictory claims, I have no idea what really happened.

The problem is that the home is now tthe marital homestead and dad was granted residence there and custody of minor child and mom was ordered to leave. As she is primary caregiver of elder mom, that means she must keep elder mom with her. But dad is prinmary custodian of minor child, who resides at homestead with dad. Tough scenario.

If there are other siblings to mom, sounds like she pushed elder mom to QC the house to her (rather than dealing with the real esate via a trust or estate planning) to possibly keep her sibs from getting an equal share of the property and it backfired?

nextwife said:

I understand that elder mom should not be evicted, but it is unlikely DAD will be restrained from residence NOW, as any request for a restraining order post-judgement will appear to be in retaliation for poster losing in court. And as Dad has legal custody, if mom evicts HIM, she, in essence, also evicts daughter. Also, if mom is elder mom's primary caregiver, having mom stay with dad may not be workable. Technically, elder mom may NOT have been evicted, just poster. Poster is making so many contradictory claims, I have no idea what really happened.

The problem is that the home is now tthe marital homestead and dad was granted residence there and custody of minor child and mom was ordered to leave. As she is primary caregiver of elder mom, that means she must keep elder mom with her. But dad is prinmary custodian of minor child, who resides at homestead with dad. Tough scenario.

If there are other siblings to mom, sounds like she pushed elder mom to QC the house to her (rather than dealing with the real esate via a trust or estate planning) to possibly keep her sibs from getting an equal share of the property and it backfired?

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These are separate matters handled by different courts and an EA restraining order can remove the husband from the home in which OP's mom has resided even after a separate judgement was handed down in the family law matter, which can also be appealed. We don't have enough real facts to really determine all the options or who OP really is, the daughter cut out of the inheiritance or the divorced wife? We do know that the disabled widow and original owner of the house is in need of some protectection and only the courts can evaluate the situaiton and filing for an EA restraining order is one way to do it. There are 3 types of restraining orders, CH, DV and EA they each accomplish something different

chascomus said:

I have to get out in 45 days because he claims I am "disrupting the house". I am the one who has to leave. I take care of my mom who is partially blind, in that same house....

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I just re-read it, and it does not even say that elder mom WAS evicted, ONLY poster.

nextwife said:

I just re-read it, and it does not even say that elder mom WAS evicted, ONLY poster.

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Yes but that was in a court action for the divorce only and did not consider the disabled widowed mother who will have to move out with her caretaker daughter if we are to believe OP.

The house was originally my mothers who signed it off to us as a gift 7 years ago. He is a drug and alcohol abuser (but recently semi-clean) and now I am the one who has to leave. I take care of my mom who is partially blind, in that same house....
I know my lawyer must have made some bad decisions...he chose to fight for the house while his lawyer fought for custody. I thought that my daughter, 17 yrs old, would be able to choose who she wanted to stay with....
Now I am out of the house and required to pay over $700 in child support. We had all laughed and his desire to evict me, but now realize HE GOT AWAY WITH IT!
I am looking for an apartment, but I have very little funds and will have to bring my Mom wherever I go.

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It sounds as if a probae or elder law attorney is needed, but there are several ways to stop this or even have the judgement set aside but no one can determin what that might be without facts.

Here is a link http://www.co.sanmateo.ca.us/smc/county/content/0,,1774_2126_26142,00.html for APS they should be able to help.

Paul,
Now that you have clarified on your other thread that you are writing under this moniker for both your sister as well, can you or she return and answer some questions? If not be sure to contact APS they will have some assistance for your mother.

Sorry....but here's the facts.

I made the mistake writing for my sister and for myself....I wasn't thinking about how that would confuse everyone....sorry.
My sister was ordered to leave based on her husbands claim that she was disrupting the house. He even said that it was her fault their son went into drugs and spent a year in jail, (in reality, after knowing the father, I think its just genetics).
At the court my sister's lawyer claimed that she takes care of her elder mother, but supposedly he only cared about the daughter of 17 years of age. The judge even said that my mom could stay, but my sister would have 45 days to get out. She has a take home salary of exactly 1600 every 2 weeks, (surgical tech.) And was told she would have to pay the 700 child support AND about 450 in "comunity debts" from previous obligations years before.
I know her lawyer was "weak" and chose the wrong strategy....fighting for the house and not the minor....also, my sister said that her daughter "is old enough to choose". Just one day before the court date the lawyer was asking for some doctors letter claiming my mother to be partially blind....(that to me was WAY late...the letter they couldn't get, the doctor was not available)
NOW, I assume from reading your responses that I probably should get my mom a lawyer....but what would she fight for? She DEFINATELY doesnt want to stay in that house alone while they stand outside her door and make noise so she cant sleep. (yes, they are doing that...)
At this point I want to plan for the battle over all the community property. The husband has since spent out ALL their credit on their credit cards....taken all money out of the bank...etc.
My sister found an ATM witdrawal from an account he snuck some money into....he also gave money to his son to buy a house....She even has a nice little "campfire picture" of him and some buddies smoking pot.....
He is going to do EVERYTHING in his power to get as much as he can....I just want her to prepare for it WHILE she is still at home. He has left for 7 days to "vacation" in Mexico....all part of his "buying" his kids....but during this time she can "look around" the house and find what she needs...pink slips, bank statements, portfolios....anything.
Well, thanks for all the info....I've been copying it on a word document and re-reading it....

chascomus said:

I made the mistake writing for my sister and for myself....I wasn't thinking about how that would confuse everyone....sorry.
My sister was ordered to leave based on her husbands claim that she was disrupting the house. He even said that it was her fault their son went into drugs and spent a year in jail, (in reality, after knowing the father, I think its just genetics).
At the court my sister's lawyer claimed that she takes care of her elder mother, but supposedly he only cared about the daughter of 17 years of age. The judge even said that my mom could stay, but my sister would have 45 days to get out. She has a take home salary of exactly 1600 every 2 weeks, (surgical tech.) And was told she would have to pay the 700 child support AND about 450 in "comunity debts" from previous obligations years before.
I know her lawyer was "weak" and chose the wrong strategy....fighting for the house and not the minor....also, my sister said that her daughter "is old enough to choose". Just one day before the court date the lawyer was asking for some doctors letter claiming my mother to be partially blind....(that to me was WAY late...the letter they couldn't get, the doctor was not available)
NOW, I assume from reading your responses that I probably should get my mom a lawyer....but what would she fight for? She DEFINATELY doesnt want to stay in that house alone while they stand outside her door and make noise so she cant sleep. (yes, they are doing that...)
At this point I want to plan for the battle over all the community property. The husband has since spent out ALL their credit on their credit cards....taken all money out of the bank...etc.
My sister found an ATM witdrawal from an account he snuck some money into....he also gave money to his son to buy a house....She even has a nice little "campfire picture" of him and some buddies smoking pot.....
He is going to do EVERYTHING in his power to get as much as he can....I just want her to prepare for it WHILE she is still at home. He has left for 7 days to "vacation" in Mexico....all part of his "buying" his kids....but during this time she can "look around" the house and find what she needs...pink slips, bank statements, portfolios....anything.
Well, thanks for all the info....I've been copying it on a word document and re-reading it....

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Please contact aps!

I know I'm clueless, but what is APS??

Sorry, what is it?