ex will not leave Need to sell house

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mustardjo

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My brother and I own our home in Santa Rosa CA. We need to sell the house now. My ex husband has been living with us for the past few years. I have asked him to leave numerous times and he won't. There is no signed lease or rental agreement. My ex has no legal rights to the house. He pays us cash when he can usually under $400 a month.
On our property, he has 4 non registered vehicles (76 motor home, 76 BMW, 67 El Comino, 87 Ford Truck). He has a shop full of tools and garbage. Our backyard is full of his junk. It is disgusting. I have been asking him to remove this stuff for years and it only is getting worse. We can not expect to sell our home in this condition. He has been threatening to burn house down if he is forced to move. I have called Sheriffs to remove him but was told he has certain rights if he lives here and I would have to get restraining order or evict him. I would get a restraining order but I am afraid of what he might do. Do I have the right to clean up my house and property in order to sell the house? Even if it means getting rid of his things because he will not? I was going to put an ad on Craigslist with pictures "FREE STUFF but you have to take ALL OF IT!! What rights do I have? What rights does he have? It is necessary that my brother and I sell the house. My brother is on SSI disability. Could we get legal help from an advocate for the disabled? We live in Santa Rosa, CA.
 
Lease or not, your only legal option is to evict him. The sooner you start that process the sooner you can force him out. It will take several weeks to a few months, or possibly longer if he fights it and works the system.

A restraining order won't get him out, and under the circumstances you may not even be able to get one.

Yes, you can clean up your property, but you will be liable for anything you do to/with his property.

You won't get any assistance from law enforcement without an eviction order signed by a judge. You willingly allowed him in, now you need to jump through the proper hoops to get him out.
 
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