Legal Question in Family Law in California

Husband moved out three years ago.. we have not gone thru divorce yet. Our daughter and I live in the house that my huband and I bought 10 years ago. When he moved out he went to live with girlfriend. Are we considered legally separated since it has been 3 years? He was at our house and would not leave when asked. Since he does not live there do I have the right to change locks or have a police may escort him off poperty if he does not leave when I ask him to? That line of him owning the house with me but not living there is confusing to me. Just want to know my rights when/if this happens again. Thanks so much.. Jan.


Asked on 9/14/10, 11:05 am

1 Answer from Attorneys

You most definitely are NOT legally separated. A legal separation is as complicated and comprehensive as a divorce, it is just technically not a divorce and you cannot remarry. So it satisfies certain religious prescriptions against divorce, and covers unusual situations in which there would be major financial problems created by a divorce (major medical issues where insurance would be terminated, big inheritance that is lost in case of divorce, or something like that). As for the house, until you have a divorce proceeding on file and a temporary order for possession of the family home, he has just as much right to be there as you do. You cannot change the locks and you cannot get him removed.

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Answered on 9/21/10, 12:35 pm


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