Can my husband make me leave our home?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my husband make me leave our home?
my husband is filing legal separation and I can’t afford the mortgage. What are my rights? He said that I should leave but I can’t support myself on my own.
Asked on August 31, 2018 under Family Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
At this point, you should consult directy with a local attorney. The fact is that under the terms of the separation agreement, you can ask for temproary support. If you don't have money for an attorney, you can check with if Legal Aid to see if they can help you. If not, see if you can find a law school in your area since many run legal clinics that take clients for free/reduced fees. Also, you can contact your local county/state bar association and inquire as to wether or not it has a list of attorneys who will represent clients "pro bono" (i.e. for free). Finally, until there is a signed separation agreement, you cannot be asked to leave the home, no matter whose name the deed/lease may be in. The fact is that at this point it remains the "joint marital residence".
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
At this point, you should consult directy with a local attorney. The fact is that under the terms of the separation agreement, you can ask for temproary support. If you don't have money for an attorney, you can check with if Legal Aid to see if they can help you. If not, see if you can find a law school in your area since many run legal clinics that take clients for free/reduced fees. Also, you can contact your local county/state bar association and inquire as to wether or not it has a list of attorneys who will represent clients "pro bono" (i.e. for free). Finally, until there is a signed separation agreement, you cannot be asked to leave the home, no matter whose name the deed/lease may be in. The fact is that at this point it remains the "joint marital residence".
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.