Legal Question in Family Law in California

I am facing a situation in which I may be filing for a legal separation. There has been no physical abuse in the home although there has been verbal and emotional abuse. My husband is the only person on the loan for our home which is a manufactured home. If I ask him to leave is he still obligated to pay the mortgage on the house if he leaves and I end up staying and bring in a roommate to help? He seems to think that because of his debt and everything involved that I won't be getting much spousal support from him. I am nervous and scared because I don't want my home sold out from under me and my husband not have any responsibility. I don't make alot as to a salary and am currently looking for full time work. At present I work two part time jobs that I know that even with the help of a roommate I will still need some type of support to help with monthly expenses. How can you advise me?


Asked on 9/03/10, 1:12 pm

1 Answer from Attorneys
Steven Hertz Hertz Steven H.

The house cannot be sold after the filing of the legal separation without permission from the court. The Summons in Family Law cases contains a "Standard Form Restraining Order" and the reverse side of the Summons which forbid the disposing of or encumbering, or hypothecating any assets, other than in the ordinary course of business, except with a court order. In family law you can obtain temporary support orders with one month of filing the petition. This is by filing an OSC (Order to Show Cause). The court will make orders to maintain the status quo so that property isn't reduced or lost, including the payment of mortgages and bills, and spousal support.

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Answered on 9/10/10, 6:41 pm


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