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    bdissues's Avatar
    bdissues Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Jun 5, 2008, 10:45 AM
    Agreement under duress n eviction
    I have a 2 fold question: first, my kids n I have lived with their father for 2.5 yrs. Last yr he put his property in his girlfriends name. He said he can kick us out all he needs to do is call the police? What are our rights? We live in CA.
    My next question is he has agreed to help us pay rent for the next couple of months. Also to pay my car pay. (in his name) but I would need to sign an agreement to b filed in court. He has threatened to report the vehicle stolen n turn off the electric n phone here. He's bn abusive. Also I will not tell him where we are going which he wants to know. Will thiss agreement hold up in court? My fear is he will do what waz threatened n my kids will b on the streets. Help!
    progunr's Avatar
    progunr Posts: 1,971, Reputation: 288
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    #2

    Jun 5, 2008, 10:48 AM
    The answer is yes, he can do the things he has threatened.

    He can call the police, but I doubt they will act on the theft of the vehicle claim once they know that you live with him.

    Yes, he can shut off the power, and as soon as he does, you can call the police and report him for an illegal eviction.

    I suggest you find other living arrangements as soon as you can, your children really don't need to go through all this, neither do you.
    MsMewiththat's Avatar
    MsMewiththat Posts: 854, Reputation: 136
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    #3

    Jun 5, 2008, 10:53 AM
    Your question is rather confusing. I'm brave and I will give it a whack. You and your kids live with their Dad for the last 2.5 years, for one year of that time the property has been in his girlfriends name you live with him and he has a girlfriend? The car you drive is in his name. If he helps you pay rent, he'd need to know where to send it? So he will have to know where you live. If you stay in his house then he knows where that is right? Don't you pay rent to him? Yes he can put you out or better yet have his girlfriend do it, she could put you all out. Third he could report the car stolen. If you have an agreement to rent from him and use his care your best bet is to have a court agreement so none of this will happen to you.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Jun 5, 2008, 10:53 AM
    He can call the police, but the police will NOT kick you out. To remove you from the premises, the owner will have to file formal eviction proceedings.

    As for the car, he can report it stolen, but when you show that you have a relationship with him, he will get in trouble for filing a false police report.

    As for the agreement, it depends on what it says. You have not made that clear.
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #5

    Jun 5, 2008, 11:08 AM
    Scott is right (again) that they won't kick you out and it will have to be his girlfriend to file eviction papers because she is the owner. I would advise you to get out of that situation ASAP your kids don't need to go through that. Try to get an apartment of your own even if it is one of those low income housing complexes they will base your rent off what you make. You can also try to save up some money and buy an old car good enough for running around town but nothing fancy that way you own it out right and won't have to worry about him taking that one back.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Jun 5, 2008, 02:57 PM
    First go for a shelter, go to a relation, do something but get out, don't be controlled by him.

    Next file for child support, make him pay for his kids.

    He is controlling you though fear, don't let him.
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