Legal Question in Real Estate Law in California

Can't get mom's boyfriend to leave - need to sell house

My 85 year-old mom was diagnosed w/dementia @3 years ago, but it has gotten extremely severe. She & her boyfried have lived together for about 15 years. Up until 3 years ago he shared in the expenses of the household. They never had a rental agreement of any kind. During the past 3 years he has not contributed to any household expenses that we know of, as we have provided the funds as they were needed. When we learned that he was unable to provide the care she needed (let her fall down stairs 2 times, left her home alone for hours at a time, etc.), we hired a consultant to review the situation. We have found that it is necessary to move mom into a care facility. In order to pay for her care, we must sell the home, her only real asset. Her boyfriend has dug in his heels and is giving us a hard time about moving, however he is using my mom as his criteria (your mom won't be happy away from here, etc). He's gone so far as to call family members and get them upset, etc. Does he have any legal rights to the house? Will we be able to get him to leave without going to court?


Asked on 9/22/02, 2:59 pm

2 Answers from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Can't get mom's boyfriend to leave - need to sell house

No, Yes. No he probably does not have any legal rights to the house--but then again, neither do you. Yes, you will have to go to court to 1) Get an order appointing someone to litigate the case for her and 2) to file an unlawful detainer against the boyfriend (after the appointee serves a 30 day notice). Then the house will need to be leased out or sold by a conservator appointed by the court for your mom. It is usually better to lease because medi-cal may be able to get the proceeds if the house is sold. Note that her boyfriend may want to be appointed conservator--in which case you could have a legal battle on your hands.

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Answered on 9/22/02, 4:36 pm
Kai Wessels Kai H. Wessels

Re: Can't get mom's boyfriend to leave - need to sell house

This is a difficult situation for you and the family. Unless there is a durable power of attorney for property management, you will most likely have to institute a conservatorship (court proceeding) before you can sell her house. If the boyfriend is not more than a tenant, then you should be able to evict him once you have legal control over her house. You should consult with an attorney. If you want to contact me, my number is (408) 268-2580.

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Answered on 9/22/02, 6:02 pm


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