Legal Question in Family Law in California

Rights to Family Home
Seperated since Feb 2000. Left house at spouse request. Locks changed in April and Divorce papers filed in June. I have been denied access to the house and want to know my rights. So far only petition and response have been filed. Do I have the right to enter the family house and setup residence once again or have I somehow given up those rights by being the one to leave even though it was at spouse request. I continued to make payments until petition was filed then I have only paid insurance and taxes. Since my current rent is above what the mortgage payment is am I still entitled to full access to the home even though I haven't been making the payments. Spouse works and incomes are very similar. No Children, no restraining orders or history of domestic violence exists. Please help me determine if I can get back into our house legally and even on full time basis. Shouldn't the spouse that wants and filed for divorce be the one to vacate the family house if no other pressing reasons to be there exist.

Asked on 9/14/01, 7:21 am

2 Answers from Attorneys

Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

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Re: Rights to Family Home

You need to file an OSC in Court for an order granting you exclusive use of the home. I do not recommend residing with a person you are divorcing because it could cause many more problems than you realize. In the end you will live on your own anyway!!

Answered on 10/26/01, 1:00 pm

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