Legal Question in Family Law in California

Look like I am filing for divorce I ben married for 15 yeas the house is on the wife name can she said kick me out whit out filing or court paper work?


Asked on 1/20/11, 8:40 am

2 Answers from Attorneys

James Chau Law Offices James Chau

If the house is entirely separate property then the wife can claim property rights to the house, but I think it's a good argument that you can remain in the house until you find another place if the house is separate property. Most likely though the house is community property and you have an equal right to maintain in the house during the divorce. Living together during a divorce is not adviseable since it is highly tense and can lead to violence.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com

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Answered on 1/25/11, 5:35 pm
Arlene Kock Law Offices of Arlene D. Kock APLC

This answer should not replace the legal advice you should seek in an office consultation with an attorney skilled in California Family Law.

I agree with the above answer and urge you to consult with an attorney ASAP to assess the best path to take to protect your legal rights.

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Answered on 1/27/11, 7:35 am


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