Can my seperated spouse legally force me out our home?
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Can my seperated spouse legally force me out our home?
My husband, who I am separated from, has all the rights to the home I live in with our 3 children. He has been living else where since our separation but has refused to settle our divorce and is now threatening to take back the house and
kick us out. I am not financially stable, my children have been helping me with our bills and paying off the mortgage with no help from my husband. What are my rights in this situation? What should my next move be? I live in a very expensive part of the country and my client base from small business is here, so it would be extremely difficult to find another housing situation.
Asked on March 8, 2016 under Family Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
A spouse, even a separated one, may not unilaterally kick his spouse out from the marital home (the home where they lived as spouses), even if it's in his name. The spouses could, of course, enter into an agreement to move apart, and if they do, such an agreement may be enforceable; or a court could order a change in the living situation (such as during a divorce proceeding), but without an agreement or court order/decree, he cannot remove you. You should, however, speak with a family law/divorce law attorney about possibly divorcing: in a divorce, you could get a share of marital assets, possibly get spousal support, get child support, etc.--the current situation seems unstable.
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