If our marital home purchased by husband prior to marriage, can he evict me in 1 day?

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If our marital home purchased by husband prior to marriage, can he evict me in 1 day?

If my husband purchased this home 1 year prior to our marriage and we lived in it for 5 years during our marriage, can he evict me from the home? If so, can this be done in a day? He is no longer living here. He has been gone for 7 days.

Asked on July 29, 2017 under Family Law, California

Answers:

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

Answered 3 years ago | Contributor

No, your husband cannot legally evict you. Unless and until there is either a legal separation in effect or a final divorce decree has been issued, the home that you shared remains the "joint marital residence". This means that you both enjoy equal rights of occupancy. This is true no matter whose name is on the deed. If you husband attempts to evict, go to the police or the courts.


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