Can I legally throw spouse out of the house?

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Can I legally throw spouse out of the house?

I pay all rent.

Asked on August 28, 2012 under Family Law, California

Answers:

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

Answered 8 years ago | Contributor

No you cannot throw your spouse out of the house. This is true regardless of whose name the lease is in (you did not specify) or who pays the rent. At this point, your home is still considered to be the marital residence. Until there is a court order in affect, a final divorce decree or a formal separation agreement providing otherwise, your spouse has the same rights to occupy the home as you do.

Note: If you have been put in fear for your life, etc. then you could file for a restraining order or order of pretection. In such an event, your spouse would be compelled to leave the premises (or the police could remove them, if necessary).


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