Legal Question in Family Law in California

Married for 9 yrs, currently unemployed with 2 kids 8 & 4 yr. old. Husband is recovering from a stroke from August 2010. His drinking and smoking of marijuana is out of control, refuses to get rehab treatment and I want him to leave the house, that I pay the mortgage on and is under my name only. What our my rights can I ask him to leave without any legal problems

Asked on 9/25/11, 5:51 pm

4 Answers from Attorneys

Michael Schneider Family Law Center

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The unfortunate answer is that you have no basis to have him removed from the house. Short of there being "blood on the floor" or extreme harassment, a court would not give you exclusive use of the house. I would suggest you seek legal counsel where you live.

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Answered on 9/25/11, 6:06 pm

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Patricia Vanharen Law Office of Patricia C. Van Haren

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If his drinking and drug use are causing a negative impact on you and the children or if he has verbally abusive outbursts, you may be able to exclude him from the residence. You should contact a family law attorney and discuss your situation. They may be able to assist you in obtaining a court order to have him removed from the home pending treatment for his drug and alcohol abuse. You may also have grounds for sole legal and physical custody of your children.

Answered on 9/25/11, 7:32 pm

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