Do I have the right to ask my children’s father to leave the house if we are both on the lease?

I broke up with my kids father a few days ago, with the agreement that we will remain in the same house until we both can find places to go. The emotional and mental abuse has escalated and I want to ask him to leave. The children would stay here with me in our apartment.

Asked on September 14, 2012 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

No, not really, but there may be other options:

1. You can kick him out if the abuse rises to the level required under law to get a domestic violence restraining order.  You would have to go to court and get a restraining order (there are no filing fees) and then under the authority of the court, you could kick him out.

2. You can go talk to the landlord and get them to release you from liability under the lease agreement--and move out.

3.  Although you remain liable under the lease, you could move out and hope he pays the rent on the old place and doesn't ruin your credit.

Best of luck.

 

 


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