If my husband had a house when we got married and his parents and uncle were living with him, now that we are married, how can we make them leave?

UPDATED: Apr 11, 2012

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If my husband had a house when we got married and his parents and uncle were living with him, now that we are married, how can we make them leave?

They been living there last 4 years; no lease was arranged.They pay the mortgage. We don’t live there. We left because of a custody case for my daughter and we were living in 1 room. Since they wouldn’t go we did. The house is in his name and the loan. It was refinanced based on my husband and my income. They did fix roof but other maintenance has been done.They feel entitled to money but house loan is under water. No formal written documents about money ever made by my husband. Can we give them notice to vacate and is there any money we need to pay them?

Asked on April 11, 2012 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

From what you have written, it appears that your husband's parents and uncle are tenants in the house that he owns. If he wants them to vacate, the best way to get them out of the unit is to have them voluntarily move. If they will not do so, a 30 day notice to vacate seems warranted in that the relatives seem to be on a month-to-month oral lease under the common law.

I suggest that a landlord tenant attorney be consulted to assist you with the 30 day notice and possibly the filing of an unlawful detainer action if the relatives refuse to leave after 30 days and your husband cannot get them to vacate on their own.

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