Former spouse eviction

[Allen]

Jurisdiction

California

Me and my Ex-wife have been divorced for over a year now, the divorce stipulation ordered that we share mortgage payment, bills and our two kids college expenditures. I pay 100% for everything even my two kids separate apartments in two different cities. She hasn't pay mortgage either. Can I evict her?

 

[army judge]

Me and my Ex-wife have been divorced for over a year now, the divorce stipulation ordered that we share mortgage payment, bills and our two kids college expenditures. I pay 100% for everything even my two kids separate apartments in two different cities. She hasn't pay mortgage either. Can I evict her?

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You can attempt to bring an eviction action.
Only a judge can evict a person.
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That divorce decree was useful for one thing, cutting the chains that bound you two.

All of the crap and stipulations, meaningless, insofar as the rest of the universe is concerned.

If one of you violates the terms of the decree, the other one must traipse back to court, whine to the judge hoping you'll get the desired relief.

That's another puzzling result, most of the time, too.

A lender has both of you on the hook, contractually.

No lender need take note of YOUR divorce decree.

What the hell does that mean?

It means, if you both are in the hook for a mortgage, despite adding to the contrary in your decree, one of you must pay the entire note, or both of you risk eventual foreclosure.


The lender wasn't a party to your divorce.

So, go ahead, try to bring an eviction action.

Many people are puzzled, perplexed, and astounded at the result.

 

[Highwayman]

Allen may want to consult with a family law attorney (or his original divorce attorney, preferably) to see what can be done. My significant other is a divorce and family law attorney in NY and CT and deals with this type of thing here and there. While it's a hassle, the courts (at least here) tend to look very unfavorably at this type of behavior.