Legal Question in Family Law in California

Rights to being on Property

My husband left our home in May of this year and has filed for separation and I am wondering if he has the right to be in the house when I am at work? He comes and goes as he pleases and this just does not seem fair to me. Is there anything I can do about this?


Asked on 8/14/02, 11:33 pm

2 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: Rights to being on Property

You can file a motion in court in the dissolution actionto give you exclusive use and possession of the home. Also, there is nothing that prevents you from changing the locks on the home. From a practical standpoint, you should get on with the dissolution action and negotiating to either buy him out of the home or sell the home. Good Luck, Pat McCrary

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Answered on 8/15/02, 10:44 am
Hollie Lemkin Law Offices of Hollie A. Lemkin

Re: Rights to being on Property

First, did your husband file for divorce or legal separation and what do the papers say if anything about who has exclusive use and control of the family residence?

You can go to court and ask the judge for a "kick out" order. This will prohibit your husband from coming into the house. You can also change the locks on the door, but be aware that if he is violent, that move may escalate his temper. If violence is present, you may want to consider a domestice violence restraining order. This will keep him away from your house with the help of the police.

I would be happy to discuss this matter with you further. Good Luck. Hollie Lemkin

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Answered on 8/16/02, 3:18 pm


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