Legal Question in Landlord & Tenant Law in California
My husband owns the house we lived in. Divorce has not been filed yet. When I told him I would be moving out in a few months and started packing, he locked me out. I don't want to move back in (he is abusive), but need to pick up my belongings. He won't respond to my requests to arrange pick up. Can I sue him in small claims for wrongful eviction?
1 Answer from Attorneys
No. I don't have the time to go into all the reasons why not. Your solution lies in filing divorce papers and at the same time file for an emergency ex parte order regarding who gets to live in the house and orderly arrangements for whomever has to leave to get their things (just because he owns the house doesn't mean he automatically gets to kick you out, at least not until the court rules on who gets to live there, it might possibly be you). If his abuse is sufficient to constitute domestic violence, you also need a DV restraining order.
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