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helpinpop · Mar 12, 2013, 10:55 PM

In California, my dad is 78 and his 87 yr old live in girlfriend has never been a rent paying tenant. He had a stroke in Dec 2012 and most likely won't be returning home. His family trust owns the house and I am the trustee. Girlfriend claims that since she has lived there for 18 years or so she is part owner and will not leave the house. The family desires to prepare to liquidate and she needs to get out. She and her family all say that they will not move without a court order but the Orange County Court says because she is not a renter they'll do nothing until a quit notice or a notice to vacate has been served and ignored. I don't know if that is a letter I must draft myself or if there is a suitable form that's available. She and her family have been asked many times in the past months to prepare to find a new place to live but all requests have been ignored.

Fr_Chuck · Mar 12, 2013, 11:23 PM

She is a tenant and is treated like a renter, please don't get confused with terms, unless she was added to the deed, she will not own property. So just like a renter, give her a notice to move, if she does not move, then file for eviction just like she is a renter.

I will also add, she has lived with him for 18 years, and they must love each other, kicking her out of the home seems just morally wrong, it may be legal, but does not mean it is right.
I seldom add moral issue to legal, since they are not the same.
Also stroke victims are also able to communite and have not always lost their ability to reason, what is his condition, since he may still hold the final say unless he is declared not competent.

joypulv · Mar 13, 2013, 02:24 AM

I agree about the moral and ethical part. Plus, she might even have a basis for a lawsuit, if the trust gives him a lifetime right to live in the home, a court can declare that he still lives there and that his wishes are that she live there too. If he had been a professor on a year long sabbatical, would you sell the house out from under him? You give no clue how incapacitated he is. Totally unresponsive? What do the doctors say? Has anyone tried to see if he can respond to questions with his eyelids or fingers? There are plenty of stories of stroke victims spending years hearing everything, while no one takes the time to see what part of the body they can twitch to indicate yes or no.

ScottGem · Mar 13, 2013, 03:06 AM

I don't understand this part:

Orange County Court says because she is not a renter they'll do nothing until a quit notice or a notice to vacate has been served and ignored.

Even if she was paying rent, the court would do nothing until a proper vacate notice is served. But given the amount of time she has lived there, she is considered a resident with all the rights of a tenant. And since she has lived there for more than 2 years she has to be given 60 days notice.

The fact that she has lived there for so long as NO affect on ownership. However, the fact that has lived with your father for so long, MAY give her some claim to community property. So before you try to evict, I would consult a Family Law attorney to see if she can make good on her claim.

I would still serve her with a proper vacate notice ASAP. But before you go to court, you need to know what rights she may have to community property.