Can my husband evict me from his house?

We have been married 6 years. He has owned his home for 40 plus years but needed to get a loan modification soon after we married. In order for him to be approved for the loan modification, he listed my income. I had to quit my job where I was living and transfer to a job

near his house in order for the bank to consider my income in my husband’s application for the loan modification. My husband at that time promised to put me on the deed at the end of the 3

year probationary period. He changed his mind after the 3 years, however promised to do a Trust. Now he suddenly wants a divorce and has had an attorney give me a 60 day notice. I’m on SSDI and have major health issues. Also, my mother just died a couple months ago in this house and left me a small inheritance. My husband had no problem helping himself to my inheritance but has since reneged on his agreement to entrust his house to me. Can I be evicted in 60 days when I have lived in this house with him for several years and have contributed 50% or more to the budget, including the house payment.

Asked on July 7, 2016 under Family Law, California

Answers:

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

Answered 4 years ago | Contributor

Until there is a formal separation agreement or final decree of divorce that states who has the rights to the house, then it is still considered to be the "joint marital residence". This means that you have the same right to live there as your husband does, regardless of whose name is on the deed/mortgage. As for any rights that you may have to the house after the divorce, that will depend on the exact circumstances of your case. Additionally, you live in a community property state which may or may not afford you additional rights. At this point, you really need to consult directly with a divorce attorney in your area; they can best advise you further. If money is an issue, you may qualify for free/low cost legal assistance. Try legal aid or your department of social services. Also, you can contact your state/county bar association for low cost legal help. Finally, check to see if there is a law school close to where you live; typically they run legal clinics that handle divorce cases.


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