QUESTION

Can my wife kick me out if we are still married?

Asked on Aug 31st, 2013 on Divorce - California
More details to this question:
Recently, I went through foreclosure after short sale didn't go through. Moved wife and 16 year old daughter into a townhome she is renting. I'm currently unemployed. We've been separated for 6 months. She filed for divorce and I decided to temporarily move in with my mother after the foreclosure as wife said she didn't want me there. No abuse whatsoever. I've been a good Dad/Husband, but two surgeries (hip & hemorrhoids) in last 9 months had kept me down much longer than expected. With all this and the house issues going on, I haven't been able to get a solid job/income. Love my wife and daughter dearly but she just wants it all over with. Came to stay with my wife & daughter for a couple of nights while a brother came to visit my mother. Wife says she wants me to leave today, but I need to stay one more night. Can she kick me out if we are still married? We are not legally separated. Her last job took her out of town last year, so for convenience sake she claims that as a separation.
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2 ANSWERS

Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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This is a question I get asked countless times, so thank you for asking it in this forum. No, your wife cannot throw you out of your own house just because she doesn't want you living there anymore. Even if she wants you out because she intends to get a divorce, she cannot demand that you leave your own home. Now a spouse (whether man or woman) can get the assistance of law enforcement and/or the courts to eject an abusive spouse from the house, but that's a remedy available to anyone whether they're getting divorced or not. Nobody is expected to suffer physical abuse at the hands of the spouse, and so if a spouse is being abusive and won't stop, it is perfectly legal and right for that spouse to be ejected from the house and the innocent spouse to remain. But your wife cannot throw you out of the house simply because she's tired of you. She can try, but she will fail. If she calls the police and tell them she can't stand you and want you out, the police will tell you they can do nothing (and they will be correct). If your wife files for divorce and asked the court to throw you out, she may fare little better, any judge would throw you out of your own house while you're recuperating from an illness or surgery would have an extremely cold heart.
Answered on Sep 17th, 2013 at 1:04 AM

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Family Law Attorney serving Thousand Oaks, CA at Law Office of Terry A. Buchanan
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In California, both parties are entitled to reside at the family residence, especially if a community asset (acquired during the marriage). Neither party has a right to "kick out" the other spouse but by court order if there is imminent harm and the "out" spouse has a suitable place to live.
Answered on Sep 03rd, 2013 at 5:22 PM

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