getting husband out and away

I presently share an apartment with my mother, 2 grown children and husband. I need my husband to move out but he won’t. My mother is on his side and will not kick him out; the apartment is under her name. I live there as a care taker and have told him that he needs to move but he refuses. We have lived here for 7 years and I was told by a police office that I can not legally throw him out, plus he would still be hanging around and I am sure my mom would let him back in. I was told my the officer that I can get a divorce with a

Asked on November 20, 2018 under Family Law, California


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

Answered 1 year ago | Contributor

A tenant named on a lease, not another ocuppant who is not on the lease, may choose who can and cannot enter the rental premises. Accordingly, your mother may give your husband permission to be there. I'm afraid that if you want to keep away from your husband, you'll have to move and get your own place.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You have no right to exclude him from your mother's apartment, if she wants to let him stay: if the apartment is under her name, not yours, she, not you, determines who can live there. You may need to move out.

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