Legal Question in Family Law in California

Without talking to you more in-depth, it is hard to give you a definitive answer as to what to do. If you jointly own the home, she can have her father stay. I don't recommend divorcing couples remaining in the same house, unless absolutely necessary. It doesn't sound like you want to remain in the house, so it may be a good idea to move out. Divorce is such a highly charged, emotional situation, and I have seen normally calm and peaceful people do some things in the heat of an argument that could ruin your chances for a fair visitation order with the children. From your post, it seems that you are already on edge. Even if a judge would ding you for moving out, it couldn't be worse than if domestic violence issues came up. You really should do an initial consultation with an attorney to go over your case in more detail to make sure that is the right choice for your situation. I am just giving you food for thought so you can consider everything and make the decision that protects you. If you have filed for divorce, hopefully you have an attorney. I know many people think they cannot afford an attorney, but it is worth knowing your rights, having the community property split fairly and getting the child issues done properly. If your custody and visitation orders are not clear, you could have constant problems for years to come. If you two cannot agree on a temporary custody and visitation plan before the next hearing, you probably need to go to court right away to ask the judge for a temporary custody and visitation order.

Ms. Beers answer is excellent, so I really don't have much to add except that there are legal steps you can take regarding orders for possession and occupancy of the family home, but judges will pretty much never make an order that provides for the couple to both remain in the house. Being the one to move out is not always a bad thing, as long as it is done in an orderly way and the person moving out moves to a place that is suitable for the children. If you would like a consultation in my Oakland or Walnut Creek office, at no obligation, please feel free to contact me. I also offer mediation services, if you and your wife would like a neutral person to help you work out all the details together, rather than resolving these issues in court or on your own.