Legal Question in Family Law in California

When a husband files for divorce in California and he has no grounds, but files under irreconcilable differences, can he push his wife out of his house? The house was purchased while they were married and there is a pre-nup. Also, there is a child involved that is 3 1/2 years old. The wife had not worked in almost four years and has just started a job two days ago. Thank you.


Asked on 11/16/11, 3:49 am

2 Answer from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

California only requires irreconcilable differences since it is a no fault state. Without a careful review of the prenup agreement by a skilled family law attorney, it is impossible to assess your support or property rights. You cannot be ordered out of your residence by husband if you reside peacefully there. Best to consider filing a response to the divorce along with a motion for child custody, visitation child and spousal support.

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Answered on 11/16/11, 6:51 am


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