Legal Question in Real Estate Law in California

My ex (not married) were together for 15 years. Had three beautiful children and have been seperated now for 1 1/2. We just went to court for custody&visitation and settled. I had no problem. Yes, we have been seperated for a 1 1/2. He wanted phyisical joint custody solely not pay child support. So I will not receive help from him do due he & i almost make the same amount of money, and he has them half the time??? Which is ok, but not if you're not following the court order. I agreed to that only to be fair for the children. But, he is still living in my home, under the roof. I still do for the children NOT that it bothers me to do for my babies I am thier Mother, but he is still there and he says he is not leaving. How is the 50%-50% time with our children going to work? I have been trying to save the home since Oct of 2008. Trying to modify payments to where I can afford. My ex stopped making payments saying that he rather me lose than home than me keep it. So I had no choice but to default, because I could not afford the payments by myself. The home only has my name on title. He has paid nothing since last July 2008, he would pay the mortgage payments, and I would pay them only for June & July, because he didn't work in the Summer. I always paid property taxes, home insurance, kids needs, car insurances, etc. Oh wait he has gone to the grocery store since Feb. 09. Now, I still pay the utilites, home insurance, and tend to my children, and am working on a modification, which he has not done anything about!! And he says he wont leave!!! Please help me he said he is there to make my life miserable and that is what he has been doing for over a year doing. I dont not want my children to suffer anymore than they already are do to our separation.How can I get him out of the house legally??? I was going to give him a (3) day eveiction notice and if he didnt ablige then I would file to the court and serve him??? I dont know what to do??Please help me!!!


Asked on 9/10/09, 11:19 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

What does the Court Order say as to these issues? If child support was part of the judgment demand he pay, inform the local DA [they try to collect the support payments] and find out from them if his driver's license can be revoked, how can yo get him out of the house. Did he used to pay rent or just part of the mortgage payments; if he did not pay rent, it is possible he is a boarder so the normal eviction proceeding do not have to be used. If he paid rent, hit him with a three day and 30/60 day notice. Contact the local groups formed to support women undergoing divorces or other domestic problems.

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Answered on 9/10/09, 1:27 pm


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