How can my girlfriend evict her father?

Question

MY girlfriends name is not on the deed but she is on the loan. Her mother is divorced from her father. Yet her mother feels inclined to keep him around and take care of him. Old traditions die hard. He was kicked out by police after threatening his children. Yet the mother brought him back home. The mother will not go along with my girlfriend to get rid of him and police say she has equal right to keep him there. House is going to be lost. Need to try and fix for best sell possible. Mother is out of country for time being. Father remains. Destructive with garbage, sanitation you name it. House impossible to fix up as long as he remains. WITH her mother out of touch to U.S. Could my girlfriend evict this man to try and possibly salvage the house in time to sell? If yes then please how? It pains me to see her go through all this just to help the one person who is now abandoning her with the house and bad credit that will soon follow. HER MOTHER!!! If it is relevant this man has no ties legally to the house. Has no documented medical reason for not working. Meaning no mental or physical disabilities. As well as not being a senior citizen. And the house is located in San jose CA.

Answer 1

You need to contact either a real estate attorney or family law attorney. They know about evictions. I know lots of couples whose names don't show up on certain documents but do on other things related to the property. I believe if her name is on the house loan, she can evict him, but it might take 30 days or more.

Answer 2

If the house is in the mother's name, regardless of whose name is on the loan, the daughter cannot evict him.  The mother has to.  Sorry.  But if you do not own the property, you cannot evict him.  If the mother is concerned about the property, which it doesn't sound like she is, and her credit, she should step in.  Meanwhile, keep this in mind, as a lesson for the future, DO NOT SIGN FOR A LOAN FOR PROPERTY THAT WILL NOT BE TITLED TO YOU!   I know you didn't do it, but remember that.  She may be able to get a good lawyer, and judge to order her name onto the deed, but with advertising and court delays, this may take a while.  May I suggest though, that if the mother is not in the picture, and no one can reach her, that when the father does something that damages her interest in the property, she call the police and have him charged with vandalism?

Answer 3

It AIN'T your girl friends house. It is her mothers. As such, only SHE has the right to "evict" him. BUT! there is a SMALL problem here. The laws concerning eviction are for people "traveling" (a legal term meaning the adoption of a particular or novel legal strategy) under the terms of a lease contract. Violation of the terms of the lease are certainly grounds to bring a dispossessory proceeding.

In this case, (legally divorced) he is essentially a squatter or an intruder. The latter being no better than a bum, your friends mother COULD have him dispatched straight away with a police action. But, as a squatter, the law would extend SOME legal rights to him if a dispossessory where filed against him.

Those "rights would be the right of notice. In all states the law requires a property owner who wants a tenant/squatter out must give written notice to "quit the tenancy" (again, a legal term applying to the person occupying the property). This notice can (by state) be of any length of time but generally it is 60 days. Once the notice period has expired, and he has not left, a written demand for the property can THAN be given and a five day period to comply is tolled. Once this has past, she (the property owner) can than seek a disspossessory action.

The dispossessory is served on him either directly or by posting on the door of the house or by the mails. He than has 7 days to respond (answer) to it and a court date is set upon the court having received an answer or upon no answer being received, the dispossessory is considered awarded by default.

If a court date is set, all parties must appear and a hearing is given. The judge will issue a ruling that he is to be evicted (if your friends mother prevails) and an order is entered to that effect.

The order will not take effect for some 5-7 days to permit him to appeal the ruling (in most jurisdictions the party wanting to appeal must post a bond of three months rent otherwise the judge throws the gavel then and enters the order). Once that 5-7 day period has elapsed and no appeal is requested, the person seeking the dispossessory can than apply for a "writ of premises" from the court. She can than take this writ to the county sheriff and ask that he be evicted.

The sheriff will place her writ on his calendar (lots of foreclosures going on today) and give her a "Round Toit". And as soon as he gets around to it, he will show up at the premises and proceed to escort Mr. Squatter out to the curb along with all of his earthly belongings.

But your friend hasn't got a prayer of having legal standing to do this unless she has her mother declared an Incompetent, and she is awarded Legal Custodian with Power of Attorney to conduct her legal business. Without that, no argument of imminent disaster or loss of assets will persuade a court to let your friend conduct business on her mothers behalf.  

Your friend would be well advised to "back off" and let the opera continue to play itself out. It don't end 'till the fat lady sings'.    

Answer 4

Call the Sheriffs department...They will be able to help..

Answer 5

If she signed the mortgage but her name does not appear on the deed, then her only tie to the house is the obligation to pay.  She has no more interest in the house than a stranger.  She cannot sell it, or give permission or deny permission for anyone to live there, any more than the fellow down the street could do those things.  If the GF is a child, then there might be concerns about child neglect, but if she is an adult she should stop paying, let it be foreclosed, and move on with her adult life.

Answer 6

you can't

Answer 7

i think she would have to give him a written 30 day notice to leave.  If he doesn't she will have to evict him thru the courts.  She has allowed him to live there so in a way he does have a legal right to live there.  

Answer 8

If you make it unpleasurable for him he will probably leave: turn off; cable, phone, electricity. Don't keep food in the house. Make the house hot in the summer and cold in the winter. Take away all forms of comfort, remove couches and beds. He'll eventually get the hint.

Answer 9

Don't matter if the mom is in the country and at home, or if she's out of the country.. Its not up to the daughter to remove her father from the home.. fact her mom could turn and around take the father's side and press charges on the daughter. Its a tuff call.. But I'd say legally the daughter don't have a leg to stand on, its not up to her, its up to your mom..