Can my husband kick my twin sons and I out even though I am unemployed?

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Can my husband kick my twin sons and I out even though I am unemployed?

My husband has filed for divorce. He says I need to move out. I have no income. What are my rights?

Asked on February 14, 2012 under Family Law, California

Answers:

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

Answered 9 years ago | Contributor

Unless the divorce has been finalized or the court has issued some type of temporary orders that give him the exclusive right and possession to the house, he can't force you to leave with the kids.  At this point, the house (or apartment) is still considered to be the joint marital residence.  This is true no matter whose name that the deed (or lease) may be in.

Right now you should speak with directly a divorce attorney in your area.  Once temporary orders are issued, things will be different.  Be aware that if he attempts any type of "self-help" such as putting your things out in the street or changing the locks you could sue him.  Additionally, this would hurt your husband in the divorce proceedings.  The fact is, that staying in the house is the best thing (unless you feel that for some reason it would not be in the best interests of your children). 


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