Can my husband ask me to leave the house that he owned proper to our marriage?

It is his house (he bought 10 years before our marriage). We have been married for 8 months now. He asked me to pack my stuff and to leave. How much time can I stay at his house?

Asked on March 28, 2011 under Family Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Actually, your husband cannot ask you to move at this time.  In a situation such as this, unless the divorce has been finalized (or temporary orders have been issued by a court that give you the exclusive right and possession) he cannot legally demand that you leave the house.  At this point it is still considered to be the "joint marital residence"; this is true no matter whose name is on the title or mortgage. Be aware that if he attempts any type of "self-help" such as putting hyour things out in the street or changing the locks, you could sue him could be sue for unlawful eviction.  Additionally, this could hurt him in the divorce proceedings.  However, once court orders are issued, things will be different. 

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