Legal Question in Family Law in California

You cannot force him out any more than he can force you out. You will have to file and likely go to court and have the judge order something like this, which will likely take some time. In a divorce situation, judge's don't normally throw one spouse out on the streets without giving them some time to find another place to live.

Ms. Beers is wrong. You can force him out, but you have to file for divorce or legal separation first, and then ask the court for an order for exclusive possession and occupancy of the family home. You can file the application for that order right behind the petition for dissolution and ask for an order shortening time for the hearing, along with an appliction for temporary custody and support orders. They are generally granted very quickly, with a return for a more thorough review several weeks or so later. Absent domestic violence, they will, however, give the departing spouse a little time to find temporary housing.