If I’m going through a divorce right now, can my ex-husband’s attorney have our3 children and I kicked out ofthe house?

UPDATED: Jan 29, 2012

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If I’m going through a divorce right now, can my ex-husband’s attorney have our3 children and I kicked out ofthe house?

I received via general mail a letter from his attorney is stating that I must move out within 30 days of notice or they will file a notice to have me move out.

Asked on January 29, 2012 under Family Law, California


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

Answered 11 years ago | Contributor

I am a little confused about the facts here.  Is this your present husband you are divorceing and his children that are living in the house? Is it a marital asset of yours? Most importantly, do you have an attorney because you need one as soon as possible. There needs to be an order in place allowing you exclusive use and occupancy of the home with the children until such time as a decision on who gets the asset is made. It sounds as if he is trying to"evict"you but again, too much information is missing here. Good luck.   

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