Legal Question in Family Law in California

If you are still on the lease and the lease has not expired, you have a right to be there. Here's a couple of considerations.

First, unless you get an order to the contrary, your husband also has a right to be there. I assume that you do not want to live with him, again. So, be very careful. If you move back in, without him, you may consider changing the locks and taking other security measures.

Second, inasmuch as you have filed for divorce, the court can issue orders to help you with your husband and your lease. You can ask the court for the right of exclusive possession to the home, during the course of the marital dissolution (up to the end of the lease). You can ask the court to issue a restraining order, keeping your husband away. (You may want to consider a restraining order, regardless of the lease issue.)

In a marital dissolution, the court has jurisdiction over virtually everything that you and your husband have, including rights under your lease. So, with some help from an attorney or from the self-help center at your local courthouse, you can ask the court for help.

Best of all, check with an attorney because the process can be complicated. If you cannot afford an attorney, look for the self-help option on your local court's website. Also, local bar associations often have low-cost or no-cost attorneys for family law matters.