Can my husband make me leave our home?

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Can my husband make me leave our home?

my husband is filing legal separation and I can’t afford the mortgage. What are my rights? He said that I should leave but I can’t support myself on my own.

Asked on August 31, 2018 under Family Law, California

Answers:

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

Answered 3 years ago | Contributor

At this point, you should consult directy with a local attorney. The fact is that under the terms of the separation agreement, you can ask for temproary support. If you don't have money for an attorney, you can check with if Legal Aid to see if they can help you. If not, see if you can find a law school in your area since many run legal clinics that take clients for free/reduced fees. Also, you can contact your local county/state bar association and inquire as to wether or not it has a list of attorneys who will represent clients "pro bono" (i.e. for free). Finally, until there is a signed separation agreement, you cannot be asked to leave the home, no matter whose name the deed/lease may be in. The fact is that at this point it remains the "joint marital residence".

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

Answered 3 years ago | Contributor

At this point, you should consult directy with a local attorney. The fact is that under the terms of the separation agreement, you can ask for temproary support. If you don't have money for an attorney, you can check with if Legal Aid to see if they can help you. If not, see if you can find a law school in your area since many run legal clinics that take clients for free/reduced fees. Also, you can contact your local county/state bar association and inquire as to wether or not it has a list of attorneys who will represent clients "pro bono" (i.e. for free). Finally, until there is a signed separation agreement, you cannot be asked to leave the home, no matter whose name the deed/lease may be in. The fact is that at this point it remains the "joint marital residence". 


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