Legal Question in Landlord & Tenant Law in California

Conversion of property

I moved into my friends home while she was getting a divorce. He allowed us to live in the house rent free. Only condition was to take care of the property and the animals and of course pay the bills. He pays the mortgage, taxes, insurance. When the divorce became final, HE was the sole owner of the house, she quick deeded it to him,and gave up all rights to it. The rent free living continues until he retires, in 18months.

She now has moved out and purchased a home with her boyfriend. He has put it into her head that I should be paying HER rent for living here. I pay all the bills and I am taking care of THEIR animals. I still live in just one bedroom with a bath. All the furnishings in this house belong to someone else, ex-husband or son.

I call this conversion of her ex's property, for he will not be receiving ANY of the money, and he has NOT asked me to pay ANY rent as yet.Before I tell her this I want to be sure that I have my legal facts correct. She has already taken money that I have given over for the BILLS and used it for herself as rent. We have cleared that mess up.

Also, is conversion a felony or misdemeanor?

Sincerely,

J. Agosta


Asked on 8/04/03, 5:36 pm

2 Answers from Attorneys
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Conversion of property

If I understand the facts correctly, she has no right to charge you

rent because she quitclaimed to her ex-husband as part of the divorce

and he owns the property now. Consequently, she would have no right

to demand money from you for the use of his property. All

arrangements would be between you and her ex-. Feel free to e-mail me

at [email protected] as you may want to be sure all understandings

are correct here.

WW

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Answered on 8/04/03, 5:45 pm
Dieter Zacher Law Offices of Dieter Zacher

Re: Conversion of property

If I understand correctly, the ex-husband is the owner of the house. He has allowed you to stay there rent free until he retires. The ex-wife has moved out and quit claimed the property to the ex-husband. If this is correct, the ex-wife can't do anything about it. She doesn't own the property and can't evict you. The only person who can is the ex-husband. You should write a letter agreement to the ex-husband confirming your agreement to reside at the home and in exchange you would be taking care of the property, animals, etc. Also, confirm that the ex-husband is the sole owner of the property. Once you have a signed document by the ex-husband (essentially) the landlord in this case, then, all you have to do is show it to a judge and the case will be dismissed in your favor. Good luck and thanks for inquiring.

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Answered on 8/04/03, 5:45 pm


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