Legal Question in Family Law in California

Resident's rights

Married for 33 years. Will be divorcing soon. Wife says if I see my girlfriend, she will not let me back in my house. What does the law say regarding whom can reside in the house while still married, not legally separated?

Also, does the law address the issue of whom can reside in the house during a legal separation or divorce proceeding?

She works part time. I work full time. We purchased the house together about 27 years ago.


Asked on 10/21/07, 2:50 pm

2 Answers from Attorneys
Anne Marie Healy Law Offices of Anne Marie Healy

Re: Resident's rights

If I was you, I would file first. Females who start talking like that are usually the ones who find any excuse to file a request for a restraining order, even if unjustified. You should really consult with any attorney.

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Answered on 10/23/07, 9:31 am
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Resident's rights

If you haven’t started the process and you are just planning to get a divorce sometime in the future then what has really changed or limited your rights to living in the home? As to who lives in the home after the divorce process has begun depends on the parties. There are various ways for this to be resolved. You should consult an Attorney before initiating the legal separation/divorce process.

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Answered on 10/22/07, 1:21 pm


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