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My ex-wife and I recently divorced, and are in the process…

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Hello, My ex-wife and...

Hello, My ex-wife and I recently divorced, and are in the process of selling our co-owned residence (that is owned free and clear) by order of the court. The property is currently occupied by our two adult sons that have resided there for the past 25 years (on their own since May 2017). The property needs repairs and renovations before it will be listed for sale. I'm okay with my boys continuing to stay in the property during the renovation process. However, my ex-wife is insisting that the boys leave the property immediately. She is threatening eviction, and her attorney is trying to expedite the process by filing a "Request for Joinder". I would like to know what rights my sons have as residents of the property, and if they face eviction even if I've given them permission to stay as a co-owner of the property?

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

CA

Lawyer's Assistant: Has any paperwork been filed?

Not to my knowledge.

Submitted: 2 months ago.Category: Real Estate Law
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Answered in 4 minutes by:
12/21/2017
Real Estate Lawyer: Barrister, Lawyer replied 2 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 40,130
Experience: 17 years real estate, Realtor. Landlord 26 years
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I would like to know what rights my sons have as residents of the property, and if they face eviction even if I've given them permission to stay as a co-owner of the property?

.

Basically as a co-owner, you can let them stay there until a judge issues an order otherwise. But if he does state that they have to vacate, they would have 60 days to vacate under CA law as they are legally considered month to month tenants. If they didn't vacate, and ex had an order from the judge, she could then file a formal eviction action in court, called an unlawful detainer, and get a judgment and a writ from the court that the sheriff would execute to physically force them to leave. That takes about another month after the 60 day expires..

.

But she can't do anything unless she gets permission from the judge to terminate their tenancy and evict them.

.

.

thanks

Barrister

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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 40,130
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Experience: 17 years real estate, Realtor. Landlord 26 years

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