What to do if my husband is telling me that I have a week to move out?

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What to do if my husband is telling me that I have a week to move out?

He is 65; I’m 40. We basically live together but don’t sleep in the same bed or room we spend time together here and there well I went out of town for 2 days and came back he wanted to have sex. I had a long weekend so I declined. The next day he told me that I have about a week to be out because his friend is moving in. Granted my husband and I have been married for almost 5 years but I’ve live with him on and off. Yes this is his house, however we are married. Can he just kick me out like that? There is no violence or anything crazy involved, just control on his part with sex.

Asked on October 24, 2018 under Family Law, California

Answers:

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

Answered 2 years ago | Contributor

Unless there exists a legal separation agreement or final decree of divorce that states just who has the legal right to possession of the premises, it remains the "joint marital residence". This means that both you and your husband has the right to live there. At this point, you should consult directly with a local divorce attorney.

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

Answered 2 years ago | Contributor

Unless there exists a legal separation agreement or final decree of divorce that states just who has the legal right to possession of the premises, it remains the "joint marital residence". This means that both you and your husband has the right to live there. At this point, you should consult directly with a local divorce attorney.


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