Legal Question in Family Law in California

Divorce - Husband to leave home

We are in the process of getting divorce. Do I have the legal right to ask my husband to leave the residence by giving a notice to leave by a certain date? Payments he's made toward the mortgage is not consistent, I've been left with figuring out how to come up with what we are short with all our bills. I borrow from my family since I'm tring to preserve my credit, I bought the home prior to the marriage and did not add him on the title. More times than none he is not truthful on what his paycheck is and isn't open to discuss our finances especially any of his assets. We've been married for 2yrs 8mos.


Asked on 4/18/09, 7:40 pm

1 Answer from Attorneys
Colin Greene Russakow, Greene & Tan, LLP

Re: Divorce - Husband to leave home

Neither spouse can be excluded from the other's residence without a restraining order. Your remedy is to get the case to trial. Only with a restraining order and a judgment can you exclude him.

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Answered on 4/19/09, 11:12 am


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