Legal Question in Family Law in California

My boyfriend has been ordered by the court to short sale his house because his wife can't refi in her name (divorce pending) and she doesn't want him to keep it. The order doesn't say a date he has to move, just that he has to list it within 10 days and upon listing she can live here exclusively.

Also, I live here now..would she have to get me evicted before I have to move? I am not named on the court order.

The mortgage is in his name only. They are both on the deed.


Asked on 10/27/12, 4:47 pm

1 Answer from Attorneys

Unless you've been paying rent, you will be a trespasser immediately upon her having the right to exclusive possession. At that point she will have the right to have the police remove you with no further legal proceedings.

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Answered on 10/27/12, 4:57 pm


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