Legal Question in Family Law in California

when do i have to move out

my husband and i are planning to divorce. the house is in his name and he had it before i moved in here. i have been a housewife the whole marriage. when do i have to move out of this house?


Asked on 3/15/04, 11:34 am

3 Answers from Attorneys

Damian Nolan Law Offices of Damian M. Nolan

Re: when do i have to move out

Don't be in a rush - and don't pay any attention to what your husband tells you - and absolutely do not let him intimidate you. Absent issues of domestic violence perpetrated by you against your husband, It is most likely that you can stay in the house until such times as the divorce is final.

Also, please be aware, just because the house was owned by your husband prior to marriage, that does not mean that you have no interest in the property - you may well have!

Furthermore, you may be entitled to receive spousal support from your husband, and if there are minor children, then there may be an issue of custody and support which must be dealt with.

In brief, you really should retain an attorney to help you and the legal costs you pay will be money very well spent.

Best Regards, Damian Nolan.

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Answered on 3/15/04, 8:29 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: when do i have to move out

Even though the house is not in your name, there may be a significant community property interest in the house.

If there has been no domestic violence, you can stay in the house until the divorce process is finished.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 3/15/04, 12:03 pm
Donald Holben Donald R. Holben & Associates, APC

Re: when do i have to move out

No set time, also need more info. Are there kids, who will have kids, also, make sure you receive your interest in the equity gained on the home since your marriage. Probably should seek assistance from counsel.

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Answered on 3/15/04, 4:15 pm


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