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Question from bevy777Nov-3

My friend is in the process of getting a divorce.  He owns a home and it is his separate property.  His wife is living there pursuant to a stipulation and order that he pay the house payment and utilities in exchange for temporary spousal support.  The stipulation and order states that she must move by December 31, 2009. 

My question is:  If she does not move out as ordered, what is the avenue of relief.  Does my friend need to motion the court asking for compliance to the stipulation and order or does he use the eviction process (like she were a renter in default)?  This is a case filed in Sacramento Superior Court.

I appreciate any assistance you can offer.  Thanks...

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Fallen Nov-3 78985.2

"If she does not move out as ordered, what is the avenue of relief."

Filing a contempt motion with the family court that issued the order saying she could live there until X.  I suspect any court he files an eviction order in will blow him off and tell him to talk with the family court if he doesn't have a contempt order against her from there.  He'd want to confirm with a local real estate attorney if his divorce attorney hasn't any expertise in this area.  I say this given they aren't divorced and it's been the marital home (regardless of whether its technically his separate property, unless he used gift or inheritance money to pay for it and every improvement, if any, and it hasn't accrued any value during the marriage, she'll have a marital interest in it to whatever extent for which he'll eventually need to cough up some $$$).

Your friend should be conferring with his attorney (and if he doesn't have one, he should consult one).

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