Legal Question in Family Law in California

My husband and I have been married for 5 months and now he wants a divorce. Can he just throw me and my 17 year old son out of his house or am I entitled to anything?


Asked on 7/23/10, 7:44 am

3 Answers from Attorneys

Rhonda Ellifritz Law Offices of Rhonda Ellifritz

Am I entitled to anything is a question that is impossible to answer without more. As far as kicking you and your son out of the house, that has to be court ordered if you have been living there. If he changes locks and removes your belongings or anything of that nature before he obtains a court order, I would call the police.

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Answered on 7/23/10, 11:40 am
Anthony Roach Law Office of Anthony A. Roach

Ms. Beers is right. You would have to provide a lot more information. This is something that you can do in consultation with an attorney.

He can only throw you out legally with a residence exclusion order pursuant to the Domestic Violence Protection Act.

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Answered on 7/23/10, 12:05 pm

Beers and Roach are right that he can't throw you out without notice, but I disagree with their analysis, expecially that the only way he can get you out is under a Domestic Violence charge. If the house is his separate property, which given the lenght of the marriage it probably is, he has the right to evict you. He can do it in divorce court with an order for sole possession of the family home, or under an unlawful detainer proceeding. In other words, it will take him some time to get the appropriate orders, but it sounds like he will get them. Beyond that, they are quite right that there is no way to answer "am I entitled to anything," without knowing a lot more facts.

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Answered on 7/23/10, 5:36 pm


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