[CA] How do I evict my children’s mother from my house?
I recently split with my children’s mother. Never married, I own my home by myself. How can I legally have her leave the house?
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I understand what you're going through, and I want you to consider a few alternatives:
- Agree on a vacate date with the threat of eviction.
- File for eviction in court to expedite the process, giving her time to plan a move.
- Offer cash for keys — money in exchange for leaving can be an effective way to facilitate the move.
- Hire an eviction lawyer to manage the process for you.
- Allow her to stay longer in exchange for rent.
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I recently split with my children’s mother. Never married, I own my home by myself. How can I legally have her leave the house? She is currently looking for a place to live, but she cannot either afford rent, or she says she can't find anything in the area.
Lexi, Chatbot
I understand this must be a difficult situation for you. Have you and your children’s mother discussed any agreements or arrangements regarding her living in the house?
Initially I gave her 60 days to leave the house, and she agreed to it. After the first month she expressed she would be having a difficult time getting a place to rent while providing support for the children. I then let her know she could stay past the 60 days if needed, but if I found someone to rent a room then I wouldn’t need as much support.
I now have a person to rent the room and she still has not found a place. I worry she will drag her feet and make things difficult.
Lexi, Chatbot
Are there any formal written agreements or court orders in place regarding the living arrangements or custody of your children?
I began the custody application and parenting arrangement, but it still needs to be seen by the courts.
Lexi, Chatbot
Is there anything else the Family Lawyer should know before I connect you? Rest assured they’ll be able to help with your custody application.
I am filing for majority custody of my two boys due to her future living situation and work schedule, and also asking for child support.
Dan
Hello and welcome. My name is Daniel, and I’ve been a licensed lawyer for over 21 years. I'm truly sorry you're going through this, and I'll do my best to provide clear answers and address your questions with care. To get started and better understand your situation, I have a couple of quick questions.
- What is your main concern here? In other words, what's the biggest issue for you right now?
- What result or outcome do you have in mind?
1. My main concern is it being difficult to have her move out of the house, and what happens to her if she cannot find a place to live. She has no credit, no family, but makes good money with minimal debt.
2. Ideally I would like her to find a place local to us and get a room to rent, and her pay me child support while I have a family member rent out our spare bedroom.
Dan
Got it. Thanks! Other than what you've shared, what else have you tried so far?
Everything has just been verbal and through text messages. But I would like to get in front of any hurdles she tries to create.
Dan
I appreciate you sharing your concerns with me. I've prepared your answer with those in mind. Please take your time to review it, and if anything is unclear or if you have more questions, just let me know — I'm here to help.
Dan
I understand what you're going through, and I want you to consider a few alternatives:
- Agree on a vacate date with the threat of eviction.
- File for eviction in court to expedite the process, giving her time to plan a move.
- Offer cash for keys — money in exchange for leaving can be an effective way to facilitate the move.
- Hire an eviction lawyer to manage the process for you.
- Allow her to stay longer in exchange for rent.
Dan
Does that all make sense to you?
Does the agreed vacate date need to be in writing?
And in California, what is the minimum amount of time that needs to be provided?
Dan
Yes, and 60 days. It should be written, but consider having an eviction lawyer formalize it for you as well. I want to make sure the answer is clear and that you fully understand it. If you have any follow-up questions or need clarification, please feel free to ask. Otherwise, if everything makes sense, just reply with “all set.” Thank you!
One last question. What is the deciding factor when the court decides who will have primary custody of the children?
Dan
Typically what is best for the child as far as care, school, maintaining status quo, parents’ availability, and work commitments. It's case by case, but the court always asks what is best for the child.
Thank you.
Dan
Most welcome. Have a great weekend!
Dan
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