Legal Question in Real Estate Law in California

eviction rules

Currently I have lived in my husbands home without paying rent for over 1 yr. My husband got put in jail and his ex-wife wants to throw me out. They had agreement that we cld live here since my husband bought the property. They also own another house and she collects the rent. The property is in her brothers name. Can she legally do this? Also last yr my husband was detained and she got a hold of his income tax check and spent it. There is no legal document of agreement so can she throw me and my children out?????


Asked on 3/07/02, 1:44 am

1 Answer from Attorneys
Judith Deming Deming & Associates

Re: eviction rules

Yes; the owner of record (ex-wife's brother) can bring an unlawful detainer action to evict you, as neither you nor your husband have a legal ownership interest in the property, or even a rental agreement. Any oral agreement you believe may be in existence with the ex-wife is not legally sufficient, not only because the ex-wife is not the legal owner, but primarily because any agreement regarding real proeprty must be in writing to be binding. Issues regarding title to real property, or any other "beefs" your husband may have agsint his ex are not relevant in an unlawful detainer action and cannot be brought up in that action (they must be brought up in a separate civil case, if you want to pursue them, and if less than $5,000.00 is in dispute, your husband can pursue that in small claims).

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Answered on 3/07/02, 1:03 pm


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