Ex husband UnCooperative Selling house

[jomustard]

What is the name of your state (only U.S. law)? CALif

My brother, Joe and I own a house in Santa Rosa, CA. My ex husband, Kevin, lives with us. We have been here 10 years. Joe and I want to sell the house and move into a mobile home. We have been preparing for this the past 3 months. I can not live with Kevin anymore. The place is a mess. The place consists of a small house, a large detached garage, a workshop, a large shed, and 2 medium size sheds on a 1/4 acre lot. My brother and I have been doing our best to clean up and clear things out. We have moved all of Kevin's stuff to the back area by Kevin's workshop...it looks like the county dump. Kevin has a LOT of stuff and has not done much in an attempt to clean and clear away. We have been having yard sales where Kevin has only put out a few things. The back area will be a huge turn off to buyers.
Kevin is an unemployed electrician who has not paid us any rent or living expense for the past 9 months.
Now he has a pinched nerve in his back and can hardly move.
What are our legal rights here? Can we force him to leave? We don't have time to go through the eviction process...we want to move ASAP.
I want to put an ad on Craigslist with pictures of the back area saying "FREE STUFF Need to take everything!!" We have already signed a contract with an agent to sell but have left the time frame open.

 

[Zigner]

You will need to evict him. I'm sorry that it's inconvenient, but you HAVE had 9 months to deal with this. The "rush" is because of your lack of action.

 

[Gail in Georgia]

" What are our legal rights here?"

Your legal rights are to evict your ex-husband.

" Can we force him to leave?"

No

" We don't have time to go through the eviction process...we want to move ASAP. "

Find time to evict him or pay him to go away. Otherwise you might find yourself being sued for doing an illegal eviction.

Gail

 

[jomustard]

offered him money

Should have evicted him months ago. I didn't realize there was going to be such a long dry spell in between jobs. I offered him money after the house is sold. He is stupid for not taking me up on it.
If we have to, we will need to sell the place as it is with all his junk in the back area. When someone buys the place, then he will be forced to remove his stuff, won't he?

 

[jomustard]

If he doesn't remove his stuff

What happens if he doesn't remove his stuff after the house is sold? Will there be a legal problem between the buyer and us?

 

[BL]

What is the name of your state (only U.S. law)? CALif

My brother, Joe and I own a house in Santa Rosa, CA. My ex husband, Kevin, lives with us. We have been here 10 years. Joe and I want to sell the house and move into a mobile home. We have been preparing for this the past 3 months. I can not live with Kevin anymore. The place is a mess. The place consists of a small house, a large detached garage, a workshop, a large shed, and 2 medium size sheds on a 1/4 acre lot. My brother and I have been doing our best to clean up and clear things out. We have moved all of Kevin's stuff to the back area by Kevin's workshop...it looks like the county dump. Kevin has a LOT of stuff and has not done much in an attempt to clean and clear away. We have been having yard sales where Kevin has only put out a few things. The back area will be a huge turn off to buyers.
Kevin is an unemployed electrician who has not paid us any rent or living expense for the past 9 months.
Now he has a pinched nerve in his back and can hardly move.
What are our legal rights here? Can we force him to leave? We don't have time to go through the eviction process...we want to move ASAP.
I want to put an ad on Craigslist with pictures of the back area saying "FREE STUFF Need to take everything!!" We have already signed a contract with an agent to sell but have left the time frame open.

So he can hardly move around. But aside you follow eviction laws of your State.

 

[TinkerBelleLuvr]

You cannot get rid of HIS stuff as you proposed. You given him written notice of eviction and follow your state's rules for evictions. Unfortunately, it won't be in the time frame you want.

 

[Zigner]

What happens if he doesn't remove his stuff after the house is sold? Will there be a legal problem between the buyer and us?

Are you planning on selling your house with an existing non-paying tenant?

 

[Just Blue]

Should have evicted him months ago. I didn't realize there was going to be such a long dry spell in between jobs. I offered him money after the house is sold. He is stupid for not taking me up on it.
If we have to, we will need to sell the place as it is with all his junk in the back area. When someone buys the place, then he will be forced to remove his stuff, won't he?

You don't get it. IF you can sell the home the new owner will become you ex's Landlord.

Good luck with that.

 

[tranquility]

Also, the tenant would need to be disclosed as part of the sale. The buyer would demand eviction before the sale. Face it, there is going to have to be an eviction at some point. The longer the OP waits, the more difficult things will be.

 

[jomustard]

Are you planning on selling your house with an existing non-paying tenant?

No, of course not. He would need to leave once the house is sold.

 

[jomustard]

Also, the tenant would need to be disclosed as part of the sale. The buyer would demand eviction before the sale. Face it, there is going to have to be an eviction at some point. The longer the OP waits, the more difficult things will be.

He keeps saying he will leave but never does. Can't believe a word he says. Unfortunately, I need to evict him.