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View Full Version : My Grandmother is in trouble, what should she legally do (California)?


Tif4m30w
Sep 3, 2010, 08:07 AM
This is such a mess for my grandmother. She just divorced a psycho (not related to any family, no kids.. etc). They bought a house when they were married and put it entirely under her name. Well, when she couldn't stand his abusive behavior anymore, she was advised by her therapist to take the car, and go far away! And simply email that she couldn't do it anymore. So she did, and came back to take care of business, living with a friend (out of many) and told no one where she was. He found her and was banging at her friends door and yelling. They were literally cowering in fear in the hallway calling the police. But he left before they could show. She has since moved 300 miles away. Now, they are finally officially divorced.

Here's the problem. He is living there and refuses to pay the house payments. I've told her, get a restraining order, call the police to get him out (or give 30 days to get out and then call the police). She says if she gives 30 days and calls the police he will hunt her down and kill her. And if she gets a restraining order it will only anger him enough to hunt her down and kill her, and at the point of him finding her, the restraining order at that point will only be worth the paper it was printed on.

She says it's really between her credit and her life... Isn't there something she can do!

ScottGem
Sep 3, 2010, 08:11 AM
Sell the house and let the new owner handle it.

Tif4m30w
Sep 3, 2010, 08:18 AM
She has been trying to sell it, but it's a complete mess and he refuses to clean it up. She has even tried hiring a real estate agent to sell it. They've had it on the market for about a year and not one person has come to see it. It's a $900,000 home, which I'd have to guess is also why it's not selling easy.

slapshot_oi
Sep 3, 2010, 08:31 AM
Well if the deed's in her name, and they are officially divorced, then he's trespassing, correct?

AK lawyer
Sep 3, 2010, 08:43 AM
Here's the problem.

She says it's really between her credit and her life...

Isn't there something she can do!?

She has decided it's safer for her to nothing. She has legal options:

evict him (I don't know that 30 days is required, and if she were able to persuade the police to evict him w/o a court order what makes you think they would require 30 days?);
Hire someone to come in and fix up the place. (Her ex. doesn't have a legal right to object: it's her house.) Then sell it.
Determine if he has committed a crime (stalking, threatening her, etc.). If so have him arrested.
Get a restraining order. If he violates it (short of actual violence, hopefully: perhaps calling her and making threats), have him arrested.

But has elected to do none of them. What can we tell you?

ScottGem
Sep 3, 2010, 11:57 AM
Well if the deed's in her name, and they are officially divorced, then he's trespassing, correct?

Not necessarily. He may have established residency. There is also an issue of it being the marital home.