QUESTION

Can my wife kick me out of our home and what if she lies to the police and says I’m abusive to her?

Asked on Nov 27th, 2016 on Divorce - California
More details to this question:
She is trying to get me out of our home, using every tactic possible, being nasty, rude, smart ass, etc. She has threatened lying to the police saying I'm abusing her to get me out. What can I do?
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1 ANSWER

If you both reside at the same residence, either one of you can arbitrarily evict the other. However, if there is any violence, the police and/or court may remove whoever is determined to be the aggressor from the home and now allow that person back. Also, if there is any possibility of violence or false accusations of violence, you would likely be better off removing yourself from the situation before such an arrest happens. Make sure you are not alone with her, make sure witnesses (other than children) are around. You will need to weigh your options, your finances, your ability to see your children (if any) before making a decision. You will likely need an attorney to help you, so that you get a fair deal in your divorce (who lives at the home, who makes the payments, custodial schedule for the children, child support, spousal support, division of all assets and debts (credit cards, bank accounts, household furnishings, cars, etc)). All of these issues need to be decided fairly through the courts, unless you both can come to legal written agreements, filed on your case at the court.
Answered on Jan 10th, 2017 at 9:47 AM

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