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legalgems, Lawyer
Category: Legal
Satisfied Customers: 9298
Experience:  Just Answer consultant at Self employed
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I divorced my husband May 10. He manipulated me and I

Customer Question

I divorced my husband May 10. He manipulated me and I allowed him to move into my new home. He has been here since April 1. He has been inconsistent with paying rent on time for three months now and still owes money for the present month. He has been requestird to leave as we do not get along. He is not on lease. He says he will leave once I complete a tax report. I want to Issue him a contract of his last day in my residence. Please help
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Has anything been filed or reported?
Customer: Not at present.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just the above
Submitted: 6 months ago.
Category: Legal
Expert:  legalgems replied 6 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 6 months ago.

I am sorry to hear this; the divorce was final on May 10 correct? Do you own the current residence?

Customer: replied 6 months ago.
No I do not
Customer: replied 6 months ago.
I am leasing my present home since March 1
Expert:  legalgems replied 6 months ago.

Thank you; so basically when a person allows another to move in to the residence, the guest usually becomes a tenant, unless it is short term (ie a couple of nights). If it is longer than that, and the person treats the home as his permanent residence, (gets mail there, has friends over, etc) then they are accorded the same rights as a tenant.

What this means is that the owner must serve a 30 day notice to vacate and if the person refuses, then they must begin the eviction process -they can request legal fees.

This explains the process:

If the person is committing any form of domestic violence, one can get a restraining order and as part of that restraining order ask for the exclusive use of the home (a kick out order).

That information is here:

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 6 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.