Legal Question in Family Law in California
Wife's right to occupy part of house
Husband verbally abused wife over a period of 12 years. Wife had enough and asked husband to move out. He refused. Wife ultimately decided to stay in marriage because of the children, but moved out of bedroom with husband and does not have any intimate relationship with husband anymore. For five years, wife has slept in small room and now wants husband, who is living in huge master suite, to switch rooms, feeling that she should have equal oppportunity to occupy the master suite for an equal amount of time. Husband refused, saying wife can move back in WITH him in the master suite, but he will not switch rooms with her. Does the wife have any rights in this regard?
1 Answer from Attorneys
Re: Wife's right to occupy part of house
No. It is unlikely that the court will order him to move into the smaller room. You would have a much better chance of getting a restraining order removing him from the home because of his verbal abuse. Getting a declaration from a therapist that you suffer from verbal abuse may help.
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