QUESTION
If I separate from my husband, do I have to move out or does he since we live in his mom’s two family house?
Asked on Mar 21st, 2013 on Divorce - California
More details to this question:
Moved into my mother in laws house fourteen years ago to make things easier on my husband. Did not want to live here but wanted things to be simpler for him. If we separate, do I have to move out with my son or does he have to move out?
7 ANSWERS
That would be up to his mother.
Answered on Mar 25th, 2013 at 1:38 AM
If you and your husband separate, neither of you will likely be required to move out immediately, if neither of you can afford to do so. Given the economy, Courts lately are reluctant to force either spouse out of the house. However, long term, since neither of you own the house, it is likely that your mother-in-law will not want you living at her house. She may be able to evict you at some point, which has nothing to do with your divorce case.
Answered on Mar 22nd, 2013 at 3:38 PM
John Arthur Smitten
His mother since she owns the house gets to make that call.
Answered on Mar 22nd, 2013 at 3:37 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Assuming that there is no lease between you and the owner, his mother can ask you to leave within a reasonable period of time (no more than 30 days, I would say). If she doesn't get involved, then no one has to move at this time.
Answered on Mar 22nd, 2013 at 11:58 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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It is up to his mother who gets to stay in the house. She can throw you out if she wants to unless you have a lease giving you the right to be there.
Answered on Mar 22nd, 2013 at 11:51 AM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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That will be a decision for the judge at a temporary hearing. The judge has authority to enter orders about who has possession of assets, pays which bills, etc.
Answered on Mar 22nd, 2013 at 11:51 AM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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There is no rule on who moves out. Absent a restraining order, you can not be forced to move. Many divorcing couples live together until a final decree.
Answered on Mar 22nd, 2013 at 11:51 AM