Legal Question in Family Law in California
Family law matter: parties separated July 2013 and mom and kids move to another apartment. Dad is not on lease. He comes back to family a few months later because he is homeless. Dad currently has no job and continues to conduct himself not like the rest of the household. He stays out until 4:30 am and come in and makes noise. He's usually drunk or on some sort of drug. Wife has previously found meth in the home. Wife has called the police to ask with helping him leave but the police say he has every right to stay because he established recendency. Husband does not get any mail to wife's apartment and comes and goes frequently. Wife pays the household expenses Husband sometimes contributes to food. Husband won't leave apartment. What's the best way to get sole possession of my rental back. I don't want to have to get a restraining order and thought I could do a notice of motion to ask the courts to ask him to leave. What's the best way to do this because he has protection under our community property laws. I am currently getting my Disso paperwork completed but have been lagging on the fact of guilt. Thank you.....
1 Answer from Attorneys
That motion would have to be filed as part of your dissolution case. So you are going to have to get that paperwork done and include the motion with it.
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