What to do if my husband wants both the kids and the house?

UPDATED: Sep 29, 2022

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What to do if my husband wants both the kids and the house?

I am married for 18 years with 2 kids ages 14 and 9. Now my husband and I want divorce but he wants to keep kids. He wants me to go out of the house without taking anything. I want kids too and don’t want to leave house in this way. What should I do?

Asked on September 8, 2015 under Family Law, California


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

Answered 7 years ago | Contributor

You need to consult with a lawyer in your area, the sooner the better. The fact is that, unless you have put your husband or children in fear for their safety, you have every right to stay in the house. It is the marital residence and he cannot force you out no matter whose name is on the deed or lease. The final decree or other court order will determine who has the rights to occupy the home. As for your children, you ahould also stay in the house so that your husband cannot attempt to make some sort of claim that you abandned them, etc.
Honestly, at this point your best bet is to consult directly with a local divorce/custody attorney. If money is an issue, see if there is a legal clinic nearbymaybe at a local law school, etc. where yo can go for help. Also, you can call the bar association in your county/state or contact your local social services office for further information as to where to go for legal assistance.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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