Legal Question in Family Law in California
Mi soon to be ex-wife and I have been separated for two years. She voluntarily left the home and took all of her personal possessions. We are both on title to this home so I understand she has the right to enter the home. She wants the keys to the house and free access anytime to come and go as she pleases without living here. Is there a statute of limitation of when she can do a civil standby? Do I have to give her a key to the house? I'm concerned about my right to privacy and safety.
3 Answers from Attorneys
You need to file for divorce and concurrently file a motion for sole posession and occupancy of the home. Until you get that order, she has every right to enter the home at any time, and locking her out is illegal.
A civil standby is not a cause of action, it is a request to a sheriff's deputy for them to be on scene to keep the peace in a situation where violence is anticipated.
If you are separated, then what is her need to come to the house constantly? You would have to file for divorce, but you can only get a residence exclusion order through the Domestic Violence Protection Act (DVPA). Her constant, unwanted intrusions appear to qualify you for that relief.
You do not need to file a request under DVPA. You can file an Order to Show Cause requesting exclusive use of the family residence in a divorce action. The fact that she vacated the home 2 years ago, but insists on coming back whenever she wants should be enough to get you an order. Good Luck.
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