Legal Question in Family Law in California

Seperate property

My husband and I are still married, we have four young children. The house we live in is in his name only and he owned it before we got married in 1998. He keeps threatening to call the police and have me ''removed'' from the house. He said he can do this because it is his house. What rights do I have regarding the property?


Asked on 1/12/07, 3:17 pm

2 Answers from Attorneys

Laurence Haines HainesLaw

Re: Seperate property

If you two have paid the mortgage or made improvements to the house with community funds [generally money from jobs] then you have a legal interest in the home and he is wrong.

Even if the house is all his, the police will not "remove" you. He would have to get a court order for them to enforce and I can't think of a basis for such an order.

Good luck.

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Answered on 1/12/07, 11:08 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Seperate property

The police will not remove you from the house unless he obtains a court order removing you from the home. These kick out orders are generally given only when there is domestic violence. You should consider discussing the facts of your case with an attorney.

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Answered on 1/19/07, 1:01 am


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