[mccartist]

My wife and I are engaged in a nasty divorce. She attempted to manipulate me into giving her our property in AZ, (that she is living in) by telling me that I could continue to live at her property in CA through the divorce (that is her Sole and Separate Property, but I believe that I have an equity interest in)) When I refused to sign over our AZ property (both of us are on title) she had her AZ Lawyer file a motion to order me to vacate the CA property and I filed a motion asking the Judge in AZ to allow me to continue to stay through the divorce. The Judge has ordered me off the property in only two weeks and I am stressing because I have over 25k lbs of stuff to move (I am an Artist/Contractor) and I'm struggling financially and don't have the money to move yet (She has family money to hire an expensive lawyer-I'm in Pro per) So am I correct in assuming that she will need to file a sister state judgement and I will have 30 days to file a Motion to Vacate the order?? I just need more time to raise the funds to move! Thanks!

[Fr_Chuck]

I don't see a judgement, I see a court order for eviction. It will have to be filed in CA, most likely her attorney has already done it, to have it reconised and honored.

I will give you some advice you don't want to hear, you are going to lose and get evicted, your basic choices are having the court sit your belonging to the curb or rent a uhaul and a storage building and move it to it.

Also in a divorce, with a good attorney and you know attorney, they will eat you alive, and will get less than any settlement you may have made with her before. Divorce is almost never what is fair, esp once high paid attorneys come into play.

So if you have costly things, sell or pawn some and move.

[mccartist]

Thanks Chuck- I already own another house that I came into the marriage with to move back to, and I have rented a piece of property (only two miles away) to move my Studio and a truck to move everything with, I guess my biggest concern is just how long will I actually have to get all my stuff off her property (so it doesn't wind up on the curb) Like I said in my first post, the AZ Judge ordered me off the property by September 30-I have not received anything at the property (copy of order from CA Court) or anything in the mail from the CA Court- I will call the CA courthouse tomorrow morning. Chuck I fully expect the CA Court to evict me off the property, I am just trying to buy me more time (because of the huge amount that I have to move) So, will I have at least thirty days to file a motion to vacate?

[ScottGem]

This is a complex situation and I doubt if we can predict what a court will do. The key here is whether a CA court will honor the AZ court's ruling. I'm just not sure. On the one hand, I think the AZ court overstepped its bounds by ordering you to vacate. If the CA property belongs to her and is outside the divorce settlement, then she should have given you a 30 day vacate notice, followed up by a request for a court ordered eviction. I also don't know if a CA sheriff will honor an AZ court order.

But I could be wrong.