Can I evict my wife during our divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I evict my wife during our divorce?
My wife and I are getting a divorce. I left the home in April and was served with divorce papers last month. There was a verbal agreement that they would pay me rent to cover the mortgage and pay the bills. I haven’t received any payment and
have gottten a loan to pay for the house. Can I evict my wife and her kids from the house during a divorce or she legally allowed because it’s community property?
Asked on October 1, 2018 under Family Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No, one spouse may NOT evict his spouse from the marital home while they are still married, absent something like domestic violation and a protective order forbidding the spouse from living there. And since she can stay in the home, her children can stay there--anyone who lawfully has possession or use of a home let others stay with them, too. Your best recourse is to do everything you can to accelerate the divorce, at which point the final disposition of the home (who gets it; or that it must sold and the proceeds divided in some way) will be determined. If you are paying more for the upkeep than her during this time, you may also be able to get a credit for the amount you paid in excess of what she has paid when assets/money are divided. Speak with a family law attorney about how you speed up the divorce and how you can best protect your rights.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.