Can my husband leave the house after 13 years of marriage and demand all the furniture?

UPDATED: Oct 1, 2022

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Can my husband leave the house after 13 years of marriage and demand all the furniture?

My husband and I have 2 kids and have been married for 13 years. He went and got himself an apartment and now said that he is coming to get the furniture and told me good luck trying to pay the mortgage on my own. Can he take the furniture that the kids and I use?

Asked on November 2, 2018 under Family Law, California


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

Answered 4 years ago | Contributor

Please, please, please seek lwgal help asap. You have some choices to make.  If he has an addiction and you believe that he is not in his right mond and could be a danger to you and the kids, file an Order of Protection in Family Court to change the locks and keep him away, a petiton for full custody and one for support as well.   What you may want to do is to file for divorce (where everything can be done at once) and file an expedited motion (called an Order to Show Cause) to ask the court for exclusive use of the home (which allows you to change the locks) and then custody and support. I understand that you love him and want to make the marriage work but maybe he needs a wake up call to get him in to a program and you need to protect your kids.  Good luck.

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