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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I am married 2 years(together ) to expat husband who lives

Customer Question

I am married 2 years(together for 8) to expat husband who lives in England- he just broke up with me and now I am beginning to see he has exploited me all along to get a visa. I live in our house(which I have payed over $40,000 for) but his brother in law/sister name on the mortgage They have just given me 45 days notice to move- I sent a note back I am not moving. My life is falling apart and I am not moving until I am sure all the things that are happening are legal and I am protected. What are my rights here? How long do I have before they can do anything legal? Can they lock me out of the house and take all my possessions? Please advise.
Submitted: 2 years ago.
Category: Legal
Expert:  CalAttorney2 replied 2 years ago.
I am very sorry to learn of this situation.While I am not able to comment on the complexities of your separation divorce matter as a whole (you can post separate questions and have these evaluated, but I really would encourage you to speak with a local family law attorney as quickly as possible to help you put your legal affairs in as strong a position as possible).With regard to the house, if it is in your brother and sister in law's name, you are going to be treated for legal purposes as a "tenant" and they can force you to leave. The 45 day notice is the first step in this process (although that really is a "termination of tenancy" as opposed to an "eviction" - this is an important distinction for purposes of renting in a new home, you can truthfully tell any new or potential landlords that you have not been evicted).However, they cannot use "self help" measures (they cannot lock you out, take your belongings, or cut off your utilities), to force you out, they must follow the formal, judicial process I have outlined below:Terminating a tenancy-1) Notice: The first step in any termination is giving notice, the landlord can simply give notice that they no longer want the tenant to live there (this is usually 30 days, or 60 days, and it can be done for no reason whatsoever, there is no fault, and while the tenant must relocate, they are not being "evicted" and there is no blemish on their rental history), they can give a "notice to pay or quit" (usually 3 day or 5 day depending on the state, and the tenant has this amount of time to pay rent that they missed or move out), "notice to "cure or quit" (the tenant has breached the lease - broken something, noisy, etc. and must stop it or fix it within the notice period, again 3 days, 5 days, or 10 days), or a "notice to quit" (this is a 3 day or 5 day notice that says the tenant has messed up so badly they can do nothing but move out within the notice period - there is no chance to "cure" - this often happens when there is illegal activity on the property). 2) Unlawful detainer/forcible entry and detainer (this is the legal proceeding where the landlord goes to court and sues the tenant to get possession - the tenant has an opportunity to appear and defend the action, common defenses include improper notice, breach of the lease (such as failure to maintain the property - "inhabitable conditions"). If the tenant answers the complaint, the parties can take "discovery" from one another and get additional information before a court trial before a judge. 3) A judgment of possession/writ of eviction - if the landlord wins the trial, they get a judgment of possession and the court will issue a "writ of eviction." 4) Forcible eviction - this happens when the Sheriff or Constable serves the writ of eviction - some jurisdictions give a courtesy notice the day or two before the eviction, others do not, but the end result is the sheriff overseeing the landlord's movers removing all of the tenant's possessions from the property and placing them on the curb, and the tenants are forcibly removed from the property. At that point, the landlord can change the locks and the tenant can no longer return (They have been "evicted").Again, I would encourage you to find a local attorney to discuss your family law situation, You can find local attorneys using the State and local Bar Association directories, or private directories such as;; or (I personally find to be the most user friendly).