Legal Question in Landlord & Tenant Law in California

My wife has notified me she wants a divorce then brought her mother and uncle to stay with us and won't tell me for how long. Even though I have expressed I do not want them their still they remain, they have been in my house for almost 3 weeks. I am the only one paying any bills. We need to deal with all the divorce paper work but we intend to stay in the house for a period of time. It is very hard to get anywhere do to her families presence and I feel like a trespasser in my own home. Can I legally do anything to get them out.

Thanks,


Asked on 11/11/13, 10:10 am

1 Answer from Attorneys

As long as she is an owner and occupant of the house, and there is no order to the contrary, she has the legal power to let anyone stay as long as they want. As you can imagine, however, divorce courts are not fans of this kind of situation. They like to keep the peace as the number two priority behind taking care of the needs of any children involved. So the only real option available to you is to get the divorce on file and make an emergency motion to establish occupancy rights and rules for the family home. Most commonly that involves an order that one spouse stays and the other goes, but there is nothing to preclude a court from ordering that as a condition of both spouses retaining the right to occupy the family home, no other family members will visit overnight or move in, and any who are there have to leave.

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Answered on 11/11/13, 1:24 pm


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