Can I evict my wife during our divorce?

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Can I evict my wife during our divorce?

My wife and I are getting a divorce. I left the home in April and was served with divorce papers last month. There was a verbal agreement that they would pay me rent to cover the mortgage and pay the bills. I haven’t received any payment and

have gottten a loan to pay for the house. Can I evict my wife and her kids from the house during a divorce or she legally allowed because it’s community property?

Asked on October 1, 2018 under Family Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, one spouse may NOT evict his spouse from the marital home while they are still married, absent something like domestic violation and a protective order forbidding the spouse from living there. And since she can stay in the home, her children can stay there--anyone who lawfully has possession or  use of a home let others stay with them, too. Your best recourse is to do everything you can to accelerate the divorce, at which point the final disposition of the home (who gets it; or that it must sold and the proceeds divided in some way) will be determined. If you are paying more for the upkeep than her during this time, you may also be able to get a credit for the amount you paid in excess of what she has paid when assets/money are divided. Speak with a family law attorney about how you speed up the divorce and how you can best protect your rights.


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