I am going through a divorce right now. I currently have a (my) family member stay with me to help take care of my children (until the divorce is finalized). My ex is oppose to my family member staying in the same house and decided to serve a notice to vacancy. However, I live in CA (community property state), and both of our names are on the title. Does my ex have any legal grounds to take such action to evict my visiting family member?

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Thank you for sharing.

My name is also on the title of this home, so we are co-owners. So my ex can’t throw me out unless, like you mentioned, for DV. Which I have not done.

My ex served Notice of Vacancy to my sister who is visiting to help me take care of my child. Because I am a co-owner with the right of ownership, I don’t believe my ex has the right to serve such notice to my guest. Furthermore, to ur point, the moratorium should prevent this matter.

Yes, your views were helpful and gives me some peace of mind. Thank you

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Thanks

I’m not a California attorney but some quick research revealed a few things:
1) a spouse *may* evict another spouse in CA, but under narrow circumstances for good reason (like domestic abuse.) Your spouse can argue before a court you should be removed from the home any time the best interests of the children are involved, by asking for an Order to Remove the offending spouse, but they should be prepared to prove that you are a danger and file for an Order of Protection. However,
2) a Notice to Vacate (if I’m correct in assuming that’s what your spouse “served” you) is something a landlord uses to evict a tenant. If your spouse is not your landlord then this does not seem like the proper procedure in your case. And,
3) even if he were your landlord, most states have a moratorium on evictions right now because of Covid. Governor Newsom did put one in place, not sure if it’s been lifted yet, but if you’re owners it wouldn’t apply because your spouse cannot seek to have a spouse vacate the premises as if the spouse were a tenant if the spouse is a fellow
Owner.
All of that said, I hope this gives you some peace of mind, but this shouldn’t be considered legal advice and you should speak with your attorney about it. If you don’t have one, seek an attorney specializing in either Family Court or Landlord Tenant matters.

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