Near COE on a house being sold through court order divorce.Husband owned and is selling to us.Wife won't move.Is she a tenant?How do we get her?

Asked by Frustrated Buyer, North Hollywood, CA Thu Dec 16, 2010

out? We agreed to let her have 3 days after COE to move but now that we are nearing COE, she has told the sellers agent she has not place to go. She will not vacate for needed termite extermination. How can I find out if she is a legal tenant? She is not the owner. The original contract said the property would be vacant but now they want us to sign paperwork saying it is not vacant. What to do???

Help the community by answering this question:

+ web reference
Web reference:


Myra Gouger’s answer
Myra Gouger, Agent, Las Vegas, NV
Thu Dec 16, 2010
Wait until you close on the property then file an eviction notice on her. There should also be something in your contract that charges the seller $$$ per day if the property is not vacant after close of escrow.
0 votes
Michael Young, Agent, San Francisco, CA
Thu Dec 16, 2010
She has tenancy rights and you would need to follow the proper eviction process to have her vacated. It could take months and a lot of effort. Speaking with a lawyer is well advised. You should not close escrow unless the home is vacated.
0 votes
Steven Ornel…, Agent, Fremont, CA
Thu Dec 16, 2010
Frustrated Buyer,

Seek legal counsel immediately! Allowing the ex-wife to stay after COE is a mistake and may establish tenancy rights. Do not be penny wise and pound foolish regarding this situation, emotions may override logic and you might own a home where you have to go through the process of evicting the ex-wife.

This doc might come in handy as well:

Best Regards, Steve
0 votes
Daniel Rangel, , Marina del Rey, CA
Thu Dec 16, 2010
State of California she is a tenant and has to be evicted accordingly. Try to work something with her outside of eviction. Propose to her on friendly terms to leave.
0 votes
Search Advice
Ask our community a question

Email me when…

Learn more