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Expelling parent from house

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fringe

Junior Member
What is the name of your state (only U.S. law)? California

Wasn't sure which topic to post under. Anyways, my father is an alcoholic and has been in and out of staying at our original home. My mother now covers the entire mortgage as he is not employed for the last 5-6 years or so. I presume they both co-own the house. I am back for the summer months and it has been quite awkward with lots of tension. They are starting the process of getting a divorce, but living together has been highly stressful because of the drinking and mood swings he has. My mother is on the verge of losing it.

I was wondering what circumstances (if any) dictate being able the legally expel him from the household or any other options that may be available. Any legal advice would be helpful before things get out of hand.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? California

Wasn't sure which topic to post under. Anyways, my father is an alcoholic and has been in and out of staying at our original home. My mother now covers the entire mortgage as he is not employed for the last 5-6 years or so. I presume they both co-own the house. I am back for the summer months and it has been quite awkward with lots of tension. They are starting the process of getting a divorce, but living together has been highly stressful because of the drinking and mood swings he has. My mother is on the verge of losing it.

I was wondering what circumstances (if any) dictate being able the legally expel him from the household or any other options that may be available. Any legal advice would be helpful before things get out of hand.
Your mother (as part of the divorce process) can ask the court to give her temporary possession of the marital home, pending the outcome of the divorce.
 

fringe

Junior Member
Great thanks for information. They had their first "Mediation" appointment with a mediator last week so it hasn't got to divorce court yet. At what point in the process can you request this temporary ownership? What kind of circumstances would a judge consider doing this? In our case their is no domestic violence and there never has been. I'm not sure how much arguing their is, but it is enough of an issue to cause my mother to breakdown and cry on occasion. Just not a good environment to live in I dare say.
 

Proserpina

Senior Member
Great thanks for information. They had their first "Mediation" appointment with a mediator last week so it hasn't got to divorce court yet. At what point in the process can you request this temporary ownership? What kind of circumstances would a judge consider doing this? In our case their is no domestic violence and there never has been. I'm not sure how much arguing their is, but it is enough of an issue to cause my mother to breakdown and cry on occasion. Just not a good environment to live in I dare say.

Divorce is sad. That's the nature of divorce.

I don't believe we can go further here without knowing exactly how the property is deeded.
 

Silverplum

Senior Member
It's spectacularly unhealthy for you to be so overinvolved in your parents' marriage. Tell your mother to find a new friend to cry on.
 

stealth2

Under the Radar Member
Great thanks for information. They had their first "Mediation" appointment with a mediator last week so it hasn't got to divorce court yet. At what point in the process can you request this temporary ownership? What kind of circumstances would a judge consider doing this? In our case their is no domestic violence and there never has been. I'm not sure how much arguing their is, but it is enough of an issue to cause my mother to breakdown and cry on occasion. Just not a good environment to live in I dare say.
Just so you know... there is no "our case". And honestly? The whole situation often leads to people breaking down and crying on occasion. Perhaps Mpm would benefit from counseling. And if you find it a poor environment to live in? You don't need to.
 

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