Legal Question in Family Law in California
My boyfriends ex wife divorced him almost 7 years ago to marry someone else. They own the property he lives in and runs his business from currently.She keeps threatening to take him back to court to force him to sell the house to give her, her claimed amount from the sale. The house as paid for inheritance from my boyfriends parents and the ex has never paid for anything on the house...No payments, taxes etc. Boyfriend is unwell cannot work. When in court prior he was vindicated somewhat when the agreement they had in writing stated she will get her fair share when he "was able" to sell the house. This is his only place of residence, he is now 62 years old and is not in good health. She calls every day with threats to take him to court again. Her marriage she left him for did not work out and she's desperate. She is now saying she has spoken to an attorney and she can move herself back in! I live here with him now for 2 years. How can she move in here with us? I don't think this is possible. What are our rights? Please help. Thank You
2 Answers from Attorneys
The judgment pretty much will state the parties rights. That being said a seven year period of time is an extremely long period in regards to selling a community property home (I have no clue how this became community as inheritance monies are normally separate property). If they went to court the court would likely order the sale of the home and for her not to live in the home during this process.
To best protect your current living situation, you should return to court and get orders allowing for boyfriend to have exclusive use and occupancy of the home.
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