Legal Question in Family Law in California

Do I have to evict spouse after divorce?
I bought the current home we live in 6 months before we were married. I paid 100% of the down payment/closing costs. I am the only one the mortgage. The house was titled in my name only. One month after we were married I transferred the title of the house to my living trust. I am the primary trustee of the trust and my spouse is successor trustee. 1% of the original mortgage balance has been paid with joint funds since we have been married (less then 2 years). The house is worth less than the mortgage due to the real estate meltdown. We are about to file for divorce. My spouse claims she has the right to stay in the house and will not voluntarily leave. What are my soon to be ex-spouse's right to stay in the house after divorce? Do I have to evict her to get her to leave? We live in california.

Asked on 10/06/08, 3:14 pm

James Obecian law office san diego

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Re: Do I have to evict spouse after divorce?

You would have to move family court to issue such an ORDER. Contact me directly.

Answered on 10/06/08, 4:26 pm

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