Can a husband be evicted by the wife after he is served his divorce papers?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a husband be evicted by the wife after he is served his divorce papers?
My brother and his wife live with her mother. Can she evict him after he is served the divorce papers? Is there a time limit for him to vacate?
Asked on September 21, 2011 under Family Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Filing for divorce has no effect on possession rights. Until there is a final decree or legal separation agreement (or other court order) that addresses who can or cannot live there, one spouse has just as much right to remain in the marital residence as the other. This is true regardless of whose name is on the the deed or lease.
Eviction is not an appropriate remedy in such a situation. Additionally, changing the locks and/or removing a spouse's belongings can result in both civil and criminal penalties.
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.