Legal Question in Family Law in California

Iam divorced. My ex husband and I are both legal owners to a townhome that is going into foreclosure. He has his own apartment and I reside in our property. No payments have been made for 3 years and he wants me to give him the keys to the house to get a few of his belongings he left behind. There has been domestic violence and there is a report and iam afraid of him. Can I request for a police officer to be present while he gets his belongings ? He is telling me he can show up whenever he wants to because the title of the house is still under his name. What can I do ? I do not want to be in the same room with him and I cant leave him alone because he might take my personal belongings. Thank you


Asked on 5/14/11, 10:20 am

1 Answer from Attorneys
James Chau Law Offices James Chau

Technically if he is a legal owner he has a right to come back to the property and if those are in fact his personal belongings then he should be allowed to receive those properties back. You might want to consider speaking to the sheriff to ask if they would accompany you while he comes by to retrive his personal belongings. Additionally your friend can be there to allow him to do an inventory and then hand you the inventory to get what he needs from the place.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 6/12/11, 7:59 pm


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