Legal Question in Family Law in California
I have been living with my boyfriend for 2 years. I soley own the house and all utilities are in my name. He is the father of my 2 minor sons whom I claim on my taxes. Recently he has come across serious financial hardship and has not been contributing to household expenses at all and has become verbally agressive (not abusive). The bottom line is that everything is in my name and although I would like him to visit with his kids often, I think we would all be better off if he were out of the house because he is running up all the bills and making it hard on us. How do I legally remove him from the property if he refuses to leave?
1 Answer from Attorneys
Unless you have an agreement that your boyfriend has rights to your property, he is merely a tenant. The most direct method of removing him is to serve him with a 60-day notice to vacate. Then, if he doesn't leave, you can file an unlawful detainer action against him.
Of course, evicting your boyfriend can be awkward, and you need to be particularly careful about his agressive conduct becoming abusive to you or your sons. If you have any doubt, at all, that he will leave peacefully, then you can go to the court for a restraining order. You can explain, on the form that you can pick up at the courthouse or on the court's website, the reason that you need to restrain him from being in your house. A reasonable fear of abuse is definitely a good reason for the court to grant the order. Generally, the order will say that he needs to leave and stay away until there is a hearing, a few weeks later. At the hearing, both of you will have the opportunity to state your positions to the judge.
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