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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27561
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Im trying to get my ex to move out of my home so i can move

Customer Question

Hi im trying to get my ex to move out of my home so i can move on. We haven't really been to gether in about 7 years but in 2012 he had a stroke and after he left the hospital he came back to the house and i was his caretaker. During that time ive dated other people.. but its really hard to have them come over it doesn't feel comfortable so i decided its time to move on and asked him to move out. I told him to talk with his family to help him out. But yesterday he came back and said that his family told him to try and work things out. But ibreally need my soace and to move on. Is there anything i can do to get him to leave. Im on the mortgage. And i pay for most everything.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Have you talked to a laywer yet?
Customer: No not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not that i can think ofcat the moment
Submitted: 11 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 11 months ago.

Good morning. Just to be clear, he is not on title to the home and has no ownership interest?

Expert:  FamilyAnswer replied 11 months ago.

If he is not on title, he has no legal right or interest in the home. As such, it is at your sole discretion if he can live and reside there. Seeing how you want him out at this time, you have a right to demand he vacate. based upon the length of time he has been there, a 60 day written notice to be provided to him, advising that he needs to vacate. If he remains after the 60 days, you can then proceed through the court and evict him and obtain a writ of possession, which would require that he move. If he still remains after that, the Sheriff can remove him. In addition, you can recover from him any fees and costs incurred, with the eviction.

Expert:  FamilyAnswer replied 11 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!