Q: Is there any to get my ex girlfriend to leave legally from my mother's home/property?
My ex-girlfriend and I split up recently about 7 months ago. We have a 2 year old daughter. My ex still lives with me and split the rent 50/50. She has recently started antagonizing me more and more. She told me a couple of days ago if she could get my opinion on something and proceeded to ask me what I would do if she "hooked" up with one of the neighbors. I didn't know how to respond. She constantly harasses me through text.
My question is there any way I can get her to leave legally? To add some extra context my mom let us stay/rent at my family home. We were together when we moved in as I previously stated. I wouldn't want to leave because this is the house I grew up in since I was little. My mom asked me to keep an eye out for the property and neighbor because it's duplex. I rent and oversee the property that was the deal before she moved out of state. I don't know if this would hurt my cause but there was never any formal paperwork or rental agreement written by my mother.
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- California
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A:
Your situation involves both landlord-tenant law and family law due to your child, making it complex but not impossible to resolve.
Since your ex-girlfriend has established residency by living there and paying rent, she has tenant rights even without formal paperwork, meaning you cannot simply ask her to leave or change the locks. You would need to follow California's legal eviction process, which typically starts with serving proper written notice. However, given that your mother is the property owner, she would need to be involved in any formal eviction proceedings.
The presence of your child adds another layer to consider - any action you take regarding housing could impact future custody arrangements, so it's crucial to document any harassment or inappropriate behavior. You should consult with both family law and real estate attorneys to understand your options and develop strategy that protects your rights as both parent and property manager. In the meantime, keep records of all interactions and avoid engaging in confrontational behavior that could be used against you later.
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