Legal Question in Family Law in California
I ended a long term relationship with the mother of my 14 yr. old son. she refuses to leave my house and i tried filing an unlawful detainer in solano superior court in fairfield,ca.
the judge in the case referred me to family court, saying she does not consider my ex a tenant,beacaue we were in a long domestic relationship. i am the sole owner of the house and she pays no bills. what are my options. i want her out my house.
we are not and have never been married.
2 Answers from Attorneys
Did you ever file any kind of paternity action? If so, there should be an open case for you to file a motion in. If not, it seems the judge wants you to go that route. File an action to establish paternity, custody and support, and as additional relief ask for a sole posession and occupancy order for the family residence. I have to say, though, I'm surprised. I would have thought the UD was the way to deal with this issue.
I agree with Mr. McCormick that a UD case is the way to go. You may want to seek the assistance of a local attorney to help with this. In a paternity action, the Court doesn't have jurisdiction over property, only over custody, visitation and support. I doubt a court would be willing to make any property orders even if a paternity case was open as this exceeds their authority. It sounds like the judge is looking for you to file a "Marvin Action" which is like a family law case for non married long term couples. However, this would be the route your ex would take, not you. This may be a little too complicated for you to handle on your own.