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Laceymmm16

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Posts: 3
Reply with quote  #1 
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?

I'm in Sacramento CA

TIA
dishrodger

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Posts: 313
Reply with quote  #2 
do you know how long she has been there.

all she needs is mail sent there. I assume there is no lease, so treat her as a month to month tenant and give the required notice to pay or quit, then file eviction.
people that squat are a bitch, get as much info on her as possible, name, dob, make model of car and plate #, etc/
Laceymmm16

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Posts: 3
Reply with quote  #3 
I found on her facebook that she says she moved in October in with my ex. I screen shot that. When I served the 30 day notice I included all other occupants. I'm going on Monday with the police and on Tuesday to the court if I can't get her out on Monday. Thanks everyone
OHlandlord

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Posts: 3,712
Reply with quote  #4 
You need to file an eviction suit.  File on the ex-husband, her, and all other occupants.  He put her in.  He was required to vacate.  He is responsible to remove all of his occupants. He didn't remove his "guest".  So his name goes on the suit as well since he was the only one that was authorized to live there.  In fact, I'd advise him of this and see if he can get her out of there asap to save his name from being filed on the eviction suit.

Since she has been there since October, she has occupancy rights.  You will need to evict to get her out.
Laceymmm16

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Posts: 3
Reply with quote  #5 
UPDATE:
I went to an emergency hearing in family court and the judge game me orders that state "The court orders respondent (name withheld) immediately vacate the property (property address). The court also orders all other occupants immediately vacate the (address) property. Petitioner may seek the assistance of law enforcement to enforce this order."
I took that order to the city police department to see if it was good enough for them to enforce. One said yes, one said that's the sheriff's division. I then went to the sheriff's civil division and they said I needed to go to the clerk with the order and have them issue me a writ of possession. I went to the clerk who told me that they do not issue writ's until 30 days after the order. I went up the chain of command with no luck. I'm so mad!  How is it possible for the judge to order all occupants to vacate immediately and then the form I need to get law enforcement to act not be available for 30 days!  So frustrated.
dishrodger

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Posts: 313
Reply with quote  #6 
bet you are counting the days....also after you get the place back, you can sue for unpaid rent
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