Legal Question in Landlord & Tenant Law in California

My husbabd and I are going through a divorce. We co-own a property. A judge ordered my soon to be ex-husband out of the residence. She gave him a week to get out. In the meantime he moved his girlfriend in. The poilice will not remove her because she has recieved mail at the residence. The police said I need to evict her. I have started that process by giving a 3-Day Notice and am ready to file the Unlawful Detainer. Will my husband need to be named on the Unlawful Detainer? Obviously, he is not going to actively try and get her out since they are dating.


Asked on 10/26/09, 4:17 pm

1 Answer from Attorneys

You don't need to include the husband, because you already have an order that he vacate. I would take him before the family law judge on a contempt citation, however. Even if he technically isn't in contempt if he left and moved someone else in, the judge is going to be really unhappy with that kind of game and it will hurt his position very effectively for the rest of the case.

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Answered on 10/31/09, 5:22 pm


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