Legal Question in Family Law in California

If a wife has told her husband to move out, is it better to move now or wait to be served with divorce papers?


Asked on 5/30/11, 8:05 am

2 Answers from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

You have no legal obligation to move from your home unless you are court ordered to do so. On the other hand, if you feel staying in the same home will only lead to conflict and a continued deterioration of the situation, it may be a good idea to relocate. Possession is not 9/10ths of the law. If you claim an interest in the home, your move out of the residence will not defeat your property rights.

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Answered on 5/30/11, 8:51 am
BARRY BESSER LAW OFFICES OF BARRY I. BESSER

Ms. Kock is correct. The only way that the court can order you to move, is if there is some sort of domestic violence going on in the home, whether it is mental, physical, or a combination of the two.

BARRY BESSER

www.besserlaw.com

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Answered on 5/30/11, 11:46 pm


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