QUESTION
Can I get my husband to move out of our house even if we are not divorced yet?
Asked on Jul 22nd, 2013 on Divorce - California
More details to this question:
I have been married for 37years to a verbally/emotionally abusive, narcissitic husband, in California. I have been disabled for 5 months due to a back injury. How can I get him to move out of our marital home until our divorce is final. He works and has inheritance income. He continues to verbally abuse me and now so does my adult son, who has taken after his father's abusive ways. I am on medication for depression and anxiety due to PTSD. I am in a constant stat of verbal abuse and extreme anxiety. How can I get him out of our marital home?
2 ANSWERS
Family Law Attorney serving Walnut Creek, CA
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Law Office of Jon Rathjen
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If the situation is as you describe it, I would think a good judge could be persuasded to orde your husband to move out. a lot could depend on relative financial situations and ownership/title to the house.
Answered on Jul 24th, 2013 at 12:15 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You cannot get him out of the home unless there is domestic violence warranting a residence removal order. You can file for spousal support and move out yourself. There is no guarantee you could keep the house. It could get sold.
Answered on Jul 23rd, 2013 at 10:10 AM