Retaliatory Eviction being evicted during identity theft and bankruptcy fraud case

[phil55555]

Jurisdiction

California

my wife and i lived with my mother for 28 years allowing her to continue staying at the home my father provided. [my parents got divorced in 1984 and the agreement stipulates the house to be sold in 1989.] my father would not sell it as long as me or my brother lived there. my mother is harshly retaliating against my contested divorce that involves identity theft and bankruptcy fraud [IRS is investigating]. she told me i can stay there and finish my case and i would redo her bathroom and yard and so on. after completing this work she is evicting me so my brother and his wife can live here. my mother used us to continue to stay at this home while my wife and i paid for everything and now she is using my brother. she has faked 911 calls many times to pretend a sheriff is on the line and will arrest me. i found out this is not true. what can i do? she is charging me per day for my property. this property is all the furniture my wife and i bought 20 years ago that my mother still uses today. my father[half owner] is opposed to this eviction. ive always paid rent but she wont take now.

 

[army judge]

my wife and i lived with my mother for 28 years allowing her to continue staying at the home my father provided. [my parents got divorced in 1984 and the agreement stipulates the house to be sold in 1989.] my father would not sell it as long as me or my brother lived there. my mother is harshly retaliating against my contested divorce that involves identity theft and bankruptcy fraud [IRS is investigating]. she told me i can stay there and finish my case and i would redo her bathroom and yard and so on. after completing this work she is evicting me so my brother and his wife can live here. my mother used us to continue to stay at this home while my wife and i paid for everything and now she is using my brother. she has faked 911 calls many times to pretend a sheriff is on the line and will arrest me. i found out this is not true. what can i do? she is charging me per day for my property. this property is all the furniture my wife and i bought 20 years ago that my mother still uses today. my father[half owner] is opposed to this eviction. ive always paid rent but she wont take now.

She can try to evict you.
You can defend by putting your father on the witness stand.

Father will testify as your witness.

He'll countermand your mother's chicanery by informing the court that he's the owner of the property, too.

Father will then say he wishes not to evict you.

Frankly, mate, wouldn't it be better to rent or buy your own home?

 

[ElleMD]

If you have been living there for 28 years, it is past time to get your own place. You are an adult. Mom doesn't owe you a home. Whatever agreement she and your father had is between them (and the courts). If the divorce decree stipulated that the house be sold, he could force the sale of the house. If he chooses not to take that step so long as one of his children is living in the house, that is on him. He has zero say in where you live. He can not force his ex wife to allow his adult son and DIL to live there. It is between you and your mother. If she wishes to evict you, she absolutely can. Fixing the bathroom you have used for 28 years does not entitle you to live there forever. Many adult children help their older parents with household repairs, even if they live no where nearby.

If she would rather have your brother live there, or just doesn't want you to live there during the drama of your divorce, that is her call. Your father's only option is to either enforce the terms of the divorce or let her stay in the house. What he does is totally up to him.

If you have personal property in the home, you may remove it. If it was a gift to her, or items she owned and allowed you to use, you may not take them.

 

[Betty3]

Bottom line is your best bet is to move elsewhere.