Legal Question in Family Law in California
How to evict my ex-wife from my house
My divorce will be final on December 26, 2006 but our settlement agreement said that I will ''permit her to reside at [my house] until January 31, 2007'' so that she didn't have to move during the holidays. In the meantime, we are forced roommates, using separate bedrooms. It's now just two months away, and she is not making any indication that she is planning to move. It recently dawned on me that the settlement agreement didn't specifically state that she had to move out on a particular date, only that I would allow her to stay until January 31, even though that is certainly implied. How can I make sure that she is out by the morning of February 1, 2007? Second issue: What if she does move out, but she doesn't take all of her things with her? Are they considered abandoned at that point? I want to rent a room out to help pay the mortgage, but she has boxes stacked to the ceiling in her bedroom and one other room of junk she's collected over the years. If she doesn't take that with her, can I donate it all to a charity and have them haul it off?
2 Answers from Attorneys
Re: How to evict my ex-wife from my house
I don't think that contempt will be effective in this case. I would suggest that you get an attorney who can explain your rights and responsibilities with respect to the personal property. You can move her goods to storage and let her pay for that storage, but you cannot sell or give it to charity without further legal procedures. Good Luck, Pat McCrary
Re: How to evict my ex-wife from my house
You can bring it to the court's attention if she fails to move and threaten a contempt order. Call me directly at 16192223504.
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