Legal Question in Family Law in California

separation/ divorce
My husband kicked me out of our house 4 days ago. He now wants me to know how he is supposed to pay the mortgage. Because he kicked me out am i still resposible for paying the mortgage. ( Yes I am on the papers and he now wants me to move back in.) He is verbally abusive and I dont want to return to the home. What can I do?

Asked on 5/05/09, 10:21 pm

2 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

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Re: separation/ divorce

You have not provided sufficient information for anyone to provide a response to you. You are legally responsible for the repayment of the loan since you signed the loan agreement. You need to know if there is any equity in the home. If there is equity, how much is it. Helping with the payment of the mortgage makes sense if there is significant equity in the home that would be lost in a foreclosure.

Getting a restraining order kicking him out of the house makes sense only if you can afford the mortgage payment on your income.

You should consult with an attorney regarding this matter, so that all of the facts can be reviewed and considered. Moving back into the home with an abusive husband is not the best course of action. Abuse becomes worse with time. The situation will not improve unless he receives counseling and changes himself.

Answered on 5/06/09, 4:59 pm

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