What is the name of your state (only U.S. law)? CA
My ex hasn't slept in the home for three months and over the past year has been gradually moving her things out. She still has some things in the home, shows up every few weeks and comes and goes as she pleases. I have never left the house and was.... hoping.... to take it over somehow.
The mortgage is in her name only for credit reasons - but I paid for 70% of all the bills because I made more money, I found the house and fixed it up. She earlier in 2011 filed a chapter 13. Because the house is severely underwater, our (shared) legal representative highly suggested she switch to a chapter 7 and that we let the house go. We talked about it and agreed. At that time she told me verbally, "well you wont have to pay and while the house goes into foreclosure you can save money". THEN we had a falling out and she is on the rampage.
A few days after we signed (and notarized)and submitted our MSA to the courts she served me with an "eviction notice". I lost my job and am struggling. She says she can evict me because she is solely on the mortgage. Its her house legally she says.
Our MSA states exactly and ONLY this as it pertains to the house... "Petitioner (her) may switch her chapter 13 to a chapter 7 and surrender the house. At which time, the respondent (me) will need to vacate the residence". It states NOTHING about her living there, or that she has primary usage or any rights and only mentions me living there by stating that I have to vacate once the bank takes over. Nothing about her at all having to move or even living there.
Can she evict me at this point? She is sending me various emails counting down the days I have until she "evicts" me, she barged into my room and took pictures of me?? (scary weird) then took pictures of the house, she took our internet router, turned the water off without notice .... what can I do? Can I make her stop this?
My ex hasn't slept in the home for three months and over the past year has been gradually moving her things out. She still has some things in the home, shows up every few weeks and comes and goes as she pleases. I have never left the house and was.... hoping.... to take it over somehow.
The mortgage is in her name only for credit reasons - but I paid for 70% of all the bills because I made more money, I found the house and fixed it up. She earlier in 2011 filed a chapter 13. Because the house is severely underwater, our (shared) legal representative highly suggested she switch to a chapter 7 and that we let the house go. We talked about it and agreed. At that time she told me verbally, "well you wont have to pay and while the house goes into foreclosure you can save money". THEN we had a falling out and she is on the rampage.
A few days after we signed (and notarized)and submitted our MSA to the courts she served me with an "eviction notice". I lost my job and am struggling. She says she can evict me because she is solely on the mortgage. Its her house legally she says.
Our MSA states exactly and ONLY this as it pertains to the house... "Petitioner (her) may switch her chapter 13 to a chapter 7 and surrender the house. At which time, the respondent (me) will need to vacate the residence". It states NOTHING about her living there, or that she has primary usage or any rights and only mentions me living there by stating that I have to vacate once the bank takes over. Nothing about her at all having to move or even living there.
Can she evict me at this point? She is sending me various emails counting down the days I have until she "evicts" me, she barged into my room and took pictures of me?? (scary weird) then took pictures of the house, she took our internet router, turned the water off without notice .... what can I do? Can I make her stop this?
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I am confused.