After filing for divorce in California, the law requires that you serve your spouse with the divorce petition to give him or her an opportunity to be heard and participate in the case. In many situations, both spouses have agreed to the divorce and delivering the paperwork is not an issue. But what happens when…
How do you go about evicting someone who is not on the lease and has moved into the rental unit before the unlawful detainer lawsuit is filed? The landlord can include them as defendants in the eviction action, even if the landlord doesn’t know who they are. This is accomplished serving the occupants with a…
One of the most significant issues in any divorce is the court-ordered division of property between the parties. Here is a brief overview of some of the major issues implicated by the analysis of who gets what in a California divorce proceeding. Community vs. Separate Property Under California law, when a couple is married the…
Intestate succession laws come into play when you die without a will. In that scenario, your assets will go to your closest relatives under California intestate succession laws. Here are the basics about how intestate succession works in California. Which Assets Are Not Affected By Intestate Succession Rules? Only assets that would have passed through…
The Basics An annulment is a procedure to terminate a marriage. Once an annulment is granted, the former marriage is treated like it never legally existed. There are several grounds for seeking a to terminate a marriage by annulment. The most common are (1) that the marriage is made between spouses of an incestuous or…
When Can a Landlord Enter a Rental Unit? As the landlord, do you possess the right to enter your tenant’s home whenever you want? The short answer is “No”, since such a rule would infringe on the tenant’s privacy rights and his or her rights to quiet enjoyment of the premises. California Civil Code section…
This article explains the meaning of a tenancy at will in California, and the required procedures to be followed by the landlord when terminating the tenancy at will. What is a Tenancy at Will in California? A “tenancy at will” is an estate which confers a right to the possession of premises leased for an…
What happens when an individual passes away and no one is able to find the original last will & testament? Can a copy be submitted to the court in its place? If not, how does the court determine who is entitled to the estate property and the appropriate division of the property among the rightful…
Before a court can probate a will, it must determine that the will is valid and authentic. Although each state has its own rules, the courts typically require proof the will was actually created and signed by the person executing the will (called the “testator),” and that it otherwise complies with state law. In almost…
Landlords of non-exempt property seeking to evict a tenant need to show “just cause” for the eviction when (1) all tenants have continuously and lawfully occupied the unit for 12 months or longer; or (2) at least one tenant has continuously and lawfully occupied the unit for 24 months or longer. “Just cause” essentially means…