Legal Question in Family Law in California

My wife and I have been married for one year. She had a house before we were married and I moved in with her. Before the marriage she said she wanted to leave the house to her son to which I said that's fine, So I signed a paper saying I have no rights to the house if something should happen to her. Now, since we are having major problems she wants me to move out of the house. She had her attorney serve me with a 30 day notice to move out. My question is: can she legally have me evicted from the house since we are still married?


Asked on 6/26/11, 11:51 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You are not a tenant, so I fail to see how a 30 day notice applies to you. When married, both spouses have the right to live in the family home, regardless of its characterization as separate property or community property.

With that said, she could get you out with a restraining order, or a residence exclusion order if she files for divorce or legal separation.

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Answered on 6/27/11, 9:17 am


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