Legal Question in Real Estate Law in California

Can I serve Unlawful Detainer papers for my husband

My husband owns a rental property that he purchased prior to our marriage. My name is not on the deed. He is attempting to evict his current tenant and has filed an Unlawful Detainer Complaint. I am not named as a party on the complaint. Can I serve the papers to the tenant?


Asked on 4/11/02, 12:21 am

2 Answers from Attorneys
Michael Cortson Law Office of Michael D. Cortson, Esq.

Re: Can I serve Unlawful Detainer papers for my husband

If you are over 18 years old you can do it.

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Answered on 4/11/02, 12:25 am
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Can I serve Unlawful Detainer papers for my husband

I would hire a third party (attorney process service or sheriff/marshal) to do it, as judges frequently toss out unlawful detainers for the slightest problems. It could be argued that you're a party because you have some kind of interest in the property and/or that you have participated in managing it.

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Answered on 4/11/02, 12:38 am


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