My husband kicked me out of our house and said he was getting a divorce, our son stayed there with him, he also abused me do i have a right to half of our belongings can he take the house and beat and kick me out and keep our son i need some legal help i

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My husband kicked me out of our house and said he was getting a divorce, our son stayed there with him, he also abused me do i have a right to half of our belongings can he take the house and beat and kick me out and keep our son i need some legal help i

My husband abused me in front of our son and kicked me out of our house, I am now
homeless and can’t see my son.

Asked on January 29, 2017 under Family Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your state is a community property state: that means (to oversimplify somewhat) that half of whatever was acquired during marriage (e.g. real estate/homes, vehicles, money in the bank or investment accounts, small businesses, jewlery, home electronics, etc.) belongs to you. So while he may end up having the physical home after a divorce, you'd be compensated for the value--the court, in a divorce, will decide exactly how to split assets and who gets what, but the key concept is you should get half the value, more or less. Custody of your son will be determined based on the child's best interest--who is it better for him to live with? The non-custodial parent will have to pay child support to the one with custody. And if he earned more than you, you may be entitled to spousal support or alimony. 
In addition, if he abused you, you may be entitled to a protective order against him. And if he abused you in front of your son, that will count against him in terms of custody--the courts don't like to put chlidren with violent or abusive parents. 
You have rights, but will better support or vindicate them with legal assistance. You should contact a divorce or family law attorney immediately.


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