Legal Question in Real Estate Law in California
What are my rights as an owner on a property that my ex was awarded in divorce, which i am currently living in, and he has filed an unlawful detainer against me? i am on all docs pertaining to mortgage, title, and deed . i recieved summons this morning have no idea how to proceed
2 Answers from Attorneys
You need to consult with an attorney in person. If he was awarded the property in the divorce, that no longer gives you the right to live there, unless there is some other provision for you residing in the property in the divorce decree. You need to move quickly, as you only have five days from service of the unlawful detainer summons to file a response with the court.
You need to consult with a family law attorney to review the terms of the judgment and get specific legal advice. It is likely that you will need to file an answer to the UD action, but the family law court likely has exclusive jurisdiction over the residence.
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