Legal Question in Family Law in California

disposal

we were going through the process of getting a divorce but we stopped and tried to work it out however, I would like to legally remove my husband from my house. the house is legally in my name since he signed it over to me in November of '05. we have two children ages 13 and 14. the girls would both like to live wih their mother. there is a wage assignment against his paycheck for child support through the district attorney. How can I legally remove him from the house other than just changing the locks?


Asked on 4/07/06, 10:24 pm

1 Answer from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: disposal

The are many questions I need answered before I could render an opinion. Did you file for dissolution previously? Did you then reconcile after the initial petition? If so you may need to do a new petition for dissolution. Even though your name is on the deed, you will probably have to go to the Court to get a move out order. You cannot just change the locks without repercussions. If it was a standard landlord/tenant situation you would have to give a 3 day notice if rent was not being paid and then do an unlawful detainer to have them evicted. If rent is being paid you would have to do a 60 day Notice of Eviction (unless there is a lease). If you just change the locks you husband could do a forcible detainer on you for damages, and/or seek an injunction from the Family Law Court.

Bottom Line, if you are in Southern California you may contact me for a free consultation.

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Answered on 4/11/06, 2:20 pm


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