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  1. #1
    Join Date
    Dec 2016
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    3

    Default Tenant or Trespasser

    My question involves landlord-tenant law in the State of: California

    OK. I'm going to try to keep this brief but give all the details. My ex husband has been living in my home since we separated. I am the only person on the deed and the only one on the mortgage. On November 7, 2016 the judge ruled that it is my sole and separate property and that he must vacate after given a 30 day notice. I served the 30 day notice on Nov 14. He says he is out but that some girl lives there with her son. I do not know her, there is no agreement between us. I have tried to reach out to her on facebook and she blocked me without responding. I went there and she refused to answer the door. I spoke to unlawful detainer division and they said its a family law matter since I have the judgment. I spoke to my family law attorney and he said its a civil issue.

    I feel like if she doesn't have any agreement with me as the owner then she is trespassing on my property. How much rent is she going to pay and to whom?

    My next course of action at this point is to go back with a locksmith and call the police. If the police won't remove her then I will go to the family courthouse with the judgment and request the judge to sign the writ of possession naming all occupants.

    My question is, what does she need to prove she has a legal right to be there? Is filing an ex parte motion and requesting the writ of possession the best way to go ahead here?

    I'm in Sacramento CA

    TIA

  2. #2
    Join Date
    Sep 2005
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    California
    Posts
    20,594

    Default Re: Tenant or Trespasser

    How did the woman get into the house? Did your ex let her in?

    I would consider responding with the police ... if they have the time to stand by with you. Keep in mind that SPD is very busy these days, and you may have to wait for quite a while for them to respond, so be prepared to spend the day waiting.

    Also note that the police may not feel comfortable booting her out if she appears to be a resident. Ultimately, you may be forced to evict her so I would start gathering the info you need to accomplish that task should it be necessary.

    https://www.saccourt.ca.gov/ud/landlord.aspx

    http://www.sacsheriff.com/pages/orga...urt/civil.aspx

  3. #3
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    Default Re: Tenant or Trespasser

    If the first time you learned of this woman and her son being in the home was after your ex- moved at the conclusion of the thirty day notice period, my inclination would be to take him back to the divorce court on a show cause motion, asking the court to sanction him or hold him in contempt.

    The problem with the woman and her son is that we have no information about their presence -- when, why and how your ex- let them become residents (or tenants) of the home, what (if any) rent they have paid, or anything else about their situation. They are not parties to the family law case. I agree with cdwjava that the place to start would be by seeing if the Sheriff's Department will help with their removal based upon the order of possession, but if "I spoke to unlawful detainer division and they said its a family law matter" means that the Sheriff's Department have already said that it will not remove the woman and her son based upon the order then that's likely a dead end.

    You have spoken with your attorney about the issue and he said it's a "civil issue" -- all that means is that it's not a criminal issue. As he has a much better understanding of the facts and orders than anybody here, ask him to clarify what he means -- for example, is he saying that you need to commence a separate eviction action against the occupants, for which he won't represent you (or would do so but for an additional fee)?

  4. #4
    Join Date
    Dec 2016
    Posts
    3

    Default Re: Tenant or Trespasser

    UPDATE: I went to family court yesterday and the judge issued and order that says "The court orders respondent (name withheld) immediately vacate the property at (address). The court also orders that all other occupants immediately vacate the property (address). Petitioner may seek the assistance of law enforcement to enforce this order. I went to the city police department and showed the order. One officer said it's enough the other said it's still an eviction and I have to go through the sheriff. Went to the sheriff's civil division and they advised I could go to the clerk office with the order and they would issue the writ of possession. I went to the clerks window and they told me that they will not issue a writ until 30 days after the order. I went up through the supervisor to get the same answer. I know that for a writ of execution it's a 30 day waiting period but this is a writ of possession. I got no where. So I have an order that they have to vacate immediately and now I have to wait 30 days to get the form that law enforcement require in order to enforce the order. I'm so frustrated!

  5. #5
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    98,846

    Default Re: Tenant or Trespasser

    There is a thirty day appeal window, so the order does not become final and enforceable until the end of that period.

  6. #6
    Join Date
    Dec 2016
    Posts
    3

    Default Re: How to Get Occupants Out After Being Awarded Exclusive Possession of the Home

    Well today I went to the property with the police. In August of 2014 I signed a quit claim deed. It was never filed with the recorders office and even with that the judge ordered the property on 11/7 as my sole and separate property. On 10/31 my ex filed the quit claim with the recorders office and then "sold" the property with a quit claim deed to his girlfriend for $75k which she filed on 11/16. This just keeps becoming more and more of a nightmare! The house value is between $240-$250k. The police have said that they will force her to vacate if I request. I'm going back tomorrow and will have her removed and rent the property until I can get this deed crap figured out.

  7. #7
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Now What

    Quote Quoting Laceymmm16
    View Post
    My question is, filing an ex parte motion and requesting the writ of possession the best way to go ahead here?
    Yes, if you want the police to assist you in removing the occupants.

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