Legal Question in Family Law in California

Technically he would need to get a residence exclusion order, which is issued by the divorce court in a domestic violence situation. But most attorneys would advise you that you need to start looking for separate living arrangements, otherwise there is the possibility of disputes over the date of separation and whether or not you have reconciled.

Mr. Roach is wrong on two counts. First, if you do not have a legal claim to the premises, there is no need for a residence exclusion order. You are a trespasser any time he wants you out. However, there are many legal principals under which you may have a right to occupy the premises, such as if you contributed to rent. So without more details about your living arrangements it is not possible to tell if he would need a court order or not. The second thing Mr. Roach is wrong about is that domestic violence needs to be involved in a residence exclusion order. Specifically to AVOID the potential for tempers to flare and violence to occur, the courts routinely issue orders that only one spouse will reside in the family home while the divorce proceedings are pending. If your husband is the only one on the lease, unless there is some very compelling reason to award you occupancy of the premises, he will be awarded the right to stay and you will have to move, if either of your files for an order.

There may also be landlord tenant protections in your city and county relevant to your situation and your continuing occupancy of the dwelling.