If we live in my mother’s house and he wants a divorce, can I evict my husband on our house before we file for divorce? 3 Answers as of February 27, 2017

My mother owns the house we live in. We both contribute to the rent. We do not have a rental agreement. We have lived here 4 years and half and been married 14 years. He wants the divorce.

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Law Offices of Gerard A Fierro
Law Offices of Gerard A Fierro | Gerard A Fierro
Your mother as the owner would have to ask your husband to move out. If he does not comply, since he has lived there more than one year, your mother would have to give him a 60 day notice of termination of tenancy. If he still has not moved, then your mother can initiate an unlawful detainer proceeding (eviction). Your mother can consult with a landlord-tenant lawyer.
Answer Applies to: California
Replied: 2/27/2017
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
If he continues to pay rent and has been occupying the residence with you, it would seem appropriate to work out a settlement on how he should depart for the residence rather than get into an acrimonious exchange to try and evict him which could be an emotionally and financially costly enterprise. Please meet with an experienced family law attorney to explore your options.
Answer Applies to: California
Replied: 2/22/2017
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
No you may not evict your husband, but the owner of the property can. From a strategy standpoint it would be wise to complete the eviction before the divorce is filed, but that is not absolutely required. However, failure to do so could involve the owner of the property in the divorce case. When you are dealing with fragile economic issues in court, competent legal representation should always be sought, as the subject matter of the litigation is so very important. One mistake here could cause the biggest adverse consequence of your life!
Answer Applies to: California
Replied: 2/22/2017
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