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Walter, Legal Consultant
Category: Legal
Satisfied Customers: 11528
Experience:  Specializing in all aspects of law including Family, Real Estate, Employment and Consumer Protection
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I am divorced and my ex-spouse lives with us. He is not ...

Customer Question

I am divorced and my ex-spouse lives with us (his 2 children. we have joint custody). He is not on the contract for the lease between me and the landlord. Can I just call the police to remove him or what procedure do I have to follow in california
Submitted: 9 years ago.
Category: Legal
Expert:  Walter replied 9 years ago.



In eviction process you must first give them notice to vacate. Even with him and the children not on the lease you will need to give them a 3-7 day notice to vacate. Generally 7 days is recommended but you can by law give them 3 days.

If they have failed to leave within the noted time you will need to go to the local clerk of courts office and file for a eviction. You can pick the forms up at your local law library or purchase them on line. Fill them out and submit them to the clerk of courts office. The clerk will set up a hearing at which time you can request a eviction. The judge will then give them a set time to be out. Generally this is 3-7 days but depending on the situation (Young children, winter, etc) the judge can allow them another 30 days.

If they are not out by the set date the judge orders you can then take the order to your local sheriffs office who can set them out of the home.

I wish you the best,


Walter and 5 other Legal Specialists are ready to help you
Customer: replied 9 years ago.
Reply to Walter's Post: The children will stay with me and they are on the lease, HE IS NOT. Is it still as you said? I have to go through the formal procedure? Walter, thank you and You will most certainly get paid. Just want to make this point clear
Expert:  Walter replied 9 years ago.


Yes even if he is not on the lease you will still be required to evict him from the property.


Customer: replied 9 years ago.
Thank you.
Expert:  Walter replied 9 years ago.
Your welcome and I wish you the best.