What rights do I have regarding a house that is owed jointly after our divorce? 5 Answers as of January 07, 2011

What is the determination concerning what rights do each of us have as far as allowing others (her 22 year old son) to live in our house? Thank you. We divorced but own a house together. She has allowed her 22 yr old son to move back in.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Goldberg Jones
Goldberg Jones | Zephyr Hill
The terms of your agreement/Judgment should answer this question. Otherwise, it is tough to say with such limited information. Call us or another attorney soon and get a free phone consultation.
Answer Applies to: California
Replied: 1/5/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
There should be a provision in the divorce judgment regarding the property, if not, get an attorney and go back to court to sell the property.
Answer Applies to: California
Replied: 1/5/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Your rights about ownership and use of the house that you and your ex-wife continue to own should have been spelled out in the Divorce Judgment. I assume that you and your ex-wife own that house as Tenants in Common, in a partnership. If the Judgment (or your agreement with your ex-wife) permits your ex-wife to reside in the co-owned house, without any restrictions on who else could live there with her, it is likely that you don't have any right to restrict her from allowing her son to live there with her. If the Divorce Judgment allows further orders to be made regarding the house and/or its use, you could file an Order to Show Cause making specific requests supported by your Declaration. If your ex-wife's son presents a danger to the property, address that in your Declaration. If the Divorce Judgment does ot allow any further orders to be made re the house and/or its use, you would need to file a Civil Action for Partition and Dissolution of Partnership to get the house sold and divide its net proceeds.
Answer Applies to: California
Replied: 1/4/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
The first area to look in terms of learning each spouse's rights relative to the house is the marital settlement agreement or stipulated judgment that was part of the final judgment of dissolution. One would assume it specified who was to receive the house as their separate property. If you agreed to hold the house as tenants in common, then one would assume there were additional terms about who gets to live in the house, including what each party's rights were, not only in terms of possession and use, but servicing mortgage debt, insurance, taxes, any rental income, maintenance expenses, duties for upkeep, etc. If your divorce settlement is silent about such issues and rights, then the answer to your question about whether you can prevent her son from living in the house depends on facts that are not specified in your question. Best to call a local family law lawyer that has experience in this type of issue. If you're local to my office, feel free to give me a call and I can break the issue down based on whatever facts exist in your case and explain your rights, as well as your options.
Answer Applies to: California
Replied: 1/4/2011
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
Your divorce decree should state who kept the house. If the property was awarded to one of you, then that person has the rights to the property.
Answer Applies to: California
Replied: 1/4/2011
Click to View More Answers: