Legal Question in Landlord & Tenant Law in California

As between the spouses the husband can change the locks. However, it may be a violation of the lease, so the landlord's approval should be obtained. They both remain responsible for the rent. The divorce orders and/or judgment can award the leasehold to one or the other, but the divorce court cannot force the landlord, who agreed to rent the property with the understanding that two people would be responsible for the rent, to accept only one person being responsible for the rent. For a good tenant with sufficient income, however, if a divorce orders that the husband gets to stay in the rental property as between husband and wifre, most landlords will accept a mutual cancellation of the lease and let the husband sign a new one in his name alone, though a deposit increase or longer term might be reqired to make up for only having one person to look to for the rent.

Usually one needs to get a court order to have a spouse removed from the residence based upon violence or threats of violence. If you were locked out, then you may want the court's assistance to regain the family residence, Are there any children in the marriage? Contact me directly,