Legal Question in Family Law in California
seperating after 12 years
I need help i have been with this man for 12 years we have 3 kids together and the house we live in is just under his name. He just told me that he want nothing to do with me that he has someone else so he is asking that i move out of the house, the house is under his name so my question is do i have any rights to this house and could he kick me out even if i live there and pay mortgage as well? please help i need all the advice i could get i want my house and my kids
1 Answer from Attorneys
Re: seperating after 12 years
You may have a claim to an interest in the house, especially if you have made payments or improvements. Also, he cannot just kick you out. He would have to serve you at the very minimum a 30 day notice and an unlawful detainer summons. If he has acted violently, you may be able to get a restraining order against him, requiring him to move out of his own house (temporarily at least).
If you do move out, you should take the children with you in order to establish custody. If you do get custody of the children, you should be entititled to an award of child support.
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