QUESTION
Can my husband kick me out of the house that is under his name?
Asked on Oct 22nd, 2014 on Divorce - California
More details to this question:
I am 34 years old I have one child with this man. We just purchased a home and now two months into me helping find this house he wants me out. I don't work and I have 2 other children that he helps support. We have been together since Sept. 20, 2001 and legally married for 3 years. Can he just kick me out the house if it is under his name?
4 ANSWERS
No, if the house was purchased during marriage then it is a community asset to be divided by the court and he can not force you out. He must apply for a court order. You should consider getting a court order for yourself and the children to use the house until the dissolution is over.
Answered on Oct 23rd, 2014 at 4:58 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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Neither of you may kick the other out of the home. If either of you has a good reason why having one spouse move out is necessary (domestic violence), then you may go to the court and file papers to have the other person leave. If you are filing for Divorce or Legal Separation, then you should request that the court order child and spousal support to be paid
Answered on Oct 23rd, 2014 at 3:05 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Absent an order from a court which moves you out, you are entitled to remain in the home at this time. You need to obtain orders for support and regarding your right to stay in the home (with him being forced to move) if he is threatening you on this issue.
Answered on Oct 23rd, 2014 at 11:10 AM
See a local family law attorney immediately to protect yourself and your child. Most attorneys give free initial consultations which will help you and give you answers. Good luck.
Answered on Oct 23rd, 2014 at 10:18 AM