Legal Question in Family Law in California
i live in an apartment complex and my husband is telling me that i have to leave because he is cheating. he tells me that he will tell me what i can and can't take from our place. can he kick me out and if he can't can he get me evicted? if he can get me evicted, what would be the reasons. i need specifics please and this is urgent. thank you.
1 Answer from Attorneys
Which person has rights to your apt. would depend on the lease. If you both signed the lease then you would both be entitled to live in the apt. If one person is on the lease then the other person could theoretically tell the other person to leave. There are other factors as well, such as who is paying the rent, if it is a joint debt or if only one person is paying it. You should speak with your apt. management to see what the lease terms are. In any event, one person should probably move out, since it's never a good idea to go through a divorce and both be living in the same household.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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