At what point after I have been served a divorce petition should I move out from my home?

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At what point after I have been served a divorce petition should I move out from my home?

My wife and I live with my mother-in-law and have for 3 years. She wants me out ASAP and I don’t know what I should do about just moving out at her demand. What should I do, to protect myself and my rights?

Asked on September 26, 2011 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  It must be very stressful. I need some clarification as to what your situation is with regard to marital assets.  Is the home that you live in owned by your Mother in Law exclusively? Is it owned by you, your wife AND your mother in law?  What about other assets that may be yours in the home, like furniture?  And what was your deal with your Mother in law (although any agreements as to real property have to be in writing to be valid)? California is a community property state so marital  assets are split 50/50 as are marital debt. It would be wise for you to speak with an attorney before you go just to clarify things.  Good luck. 


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