How can I get this female out of my house??
5 attorney answers
You could request a 'kick-out' order in the process of petitioning for a Domestic Violence Restraining Order if she is violent or threatening. There are self-help clinics at the court.
Here's info from the court's website: http://www.courts.ca.gov/selfhelp-domesticviolence.htm
Although it may seem unjust, it does not matter whether she pays the mortgage (or even whether she is on title). If the home was purchased during the marriage, it is presumed community property, and therefore 50% hers, even if her name were not on title.
If you purchased the home with your own separate property earnings before you two married, the community would likely still have an interest in the home because of the mortgage payments made during the marriage using community monies.
It does not help that she has never paid the mortgage, as that just illustrates a certain marital standard that was established during the marriage which will likely bolster a request on her part for alimony (spousal support).
The option in such cases with marital homes is generally for one party to buy the other out, or for the parties to list the home for sale.
You should probably confer with a family law attorney in your area to strategize how best to move forward.
If you paid the mortgage from your earnings during marriage then she paid half from her community property interest in your earnings. She is on title.
Time to chill and become more strategic than angry. Here is an idea -
In mediation no one is forced to agree to anything. Usually it is explained to both of you what a divorce will cost in legal fees. If you can both agree to divide things without fighting over the little stuff, you will both be happier. Don't think "equally happy" - that's not divorce. Think "equally unhappy, ... but over quickly" - that's if you are strategic.
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
You are hugely misinformed as to the nature of community property laws in California. She is living in the house owned by both of you - not just yours. Income earned during the marriage, is community income regardless of whose name is on the paycheck and that income then paid for the mortgage meaning that she has a CP claim in the house. Is there a "way to get her out"? Yes, pay her her share of her CP rights under an agreement that as soon as she is paid, she will then have no more claim to the house.
If her name is on the title to the house, she has a 1/2 ownership interest in the house. An OSC hearing can be filed regarding support, custody/visitation, and payment of community bills and expenses (including the house payment). You may want to consult with an experienced family law attorney in the Tracy area.
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