Can a husband be evicted by the wife after he is served his divorce papers?

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Can a husband be evicted by the wife after he is served his divorce papers?

My brother and his wife live with her mother. Can she evict him after he is served the divorce papers? Is there a time limit for him to vacate?

Asked on September 21, 2011 under Family Law, California

Answers:

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

Answered 10 years ago | Contributor

Filing for divorce has no effect on possession rights. Until there is a final decree or legal separation agreement (or other court order) that addresses who can or cannot live there, one spouse has just as much right to remain in the marital residence as the other. This is true regardless of whose name is on the the deed or lease.

Eviction is not an appropriate remedy in such a situation. Additionally, changing the locks and/or removing a spouse's belongings can result in both civil and criminal penalties.


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