QUESTION
Can I give him a 30 day notice to vacate even though we are married?
Asked on Feb 26th, 2013 on Divorce - California
More details to this question:
We've been married 16 months and I had enough with his mental/verbal abruse. I had purchased the house before we married with a loan against my retirement fund. He says he wants the divorce but he will not leave. He calls me all kinds of bitches in front of my daughter. We have no kids together. He said he's not going anywhere until the divorce is final. It's like walking around on egg shells. He doesn't work since we been married he work 1 1/2months which he walk out of because he felt his boss was being shady. I'm so tired of all the negativity is dishing out. I need help how can I get him to leave.
6 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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No. You need to get a restraining order to get him out of the house. You need to prove harassment, threats of violence or actual violence to get an order giving you possession of the family home.
Answered on Mar 06th, 2013 at 12:24 AM
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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Based upon this fact scenario, you should be able to obtain a restraining order against your husband which would force him to vacate your residence. Find a local family law attorney for assistance.
Answered on Feb 28th, 2013 at 4:05 AM
You should file for dissolution and then file a motion for exclusive use of the residence. You should also consider whether a restraining order is appropriate.
Answered on Feb 27th, 2013 at 7:55 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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He's entitled to stay in the house until it's confirmed to you. However, if he calls you names and in front of your daughter and you are fearful for your safety, then try to get a restraining order and get him kicked out of the house.
Answered on Feb 27th, 2013 at 7:40 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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In California, you cannot just give notice to your husband to vacate. If you go to a Judge, it will be unlikely that the Judge will order either one of you to vacate your home pending the divorce unless there has been domestic violence (documented by police reports and/or a conviction or a pending case). Either one of you may choose to move out at any time.
Answered on Feb 27th, 2013 at 7:32 PM
Family Law Attorney serving Fountain Valley, CA
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Law Office of Edwin Fahlen
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When a spouse is committing mental abuse like you have described we are able to obtain orders to have the spouse removed from the family residence. This procedure can be accomplished regardless of who owns the property.
Answered on Feb 27th, 2013 at 7:30 PM