Legal Question in Family Law in California
My husband is trying to kick me out of the house
please help me about what can I do. My husband left me a month ago, and after two days later he left me, he wanted me to leave the house which is under both of our name. He even called the police to arrest me, but the police said I am innocent. I told him that if he wants to divorce, let's just follow the law; however he does not want to give me half of the house which we only bought for 6 months, and we were marrie for 2 years. so he left me, and he even cut the electricity which was under his name, so I had to reopen the account under my name. He left me on the September the 25th, and I came to the FL on the October te 27th for the business trip, and I am coming back to the California on the 11th of November. However my roommate(who has been renting a room from our house from the beginning) calls me and tells me that my husband has changed the lock. so that I can not get into the house.
what do I need to do when I get back home, becuase I still live there, and I need a good lawyer who can represent me.
please contact me ..please
thank you
4 Answers from Attorneys
Re: My husband is trying to kick me out of the house
If you know of an attorney in California contact that attorney immediately and arrange to meet with that attorney when you return to California. Then prepare an OSC and TRO removing him from the home, and allowing you to return to the home. If there has been any type of domestic violence or threat of violence be sure to tell the attorney about it.
Re: My husband is trying to kick me out of the house
Since the house was purchased during marriage, it is presumed to be community property.
Definitely get a TRO against him when you return to CA so that he would be ordered to stay away from you and the house.
Give us a call at anytime 650-365-5145.
Re: My husband is trying to kick me out of the house
I am not sure that you need restraining orders as your husband does not appear to have attacked you or threatened you. I believe you need to go to court for injunctive orders, on an ex-parte basis, asking the court to reinstate you in the house and grant you temporary use and possession of the house pending trial.
If we can be of assistance, please feel free to call us at 562/ 601-8133 and ask for Pam. Pam will be happy to discuss the matter with you.
Regards,
Damian Nolan
Reply: My husband is trying to kick me out of the house
It sounds like you will need restraining orders.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com