Can I legally throw spouse out of the house?

UPDATED: Aug 28, 2012

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Can I legally throw spouse out of the house?

I pay all rent.

Asked on August 28, 2012 under Family Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No you cannot throw your spouse out of the house. This is true regardless of whose name the lease is in (you did not specify) or who pays the rent. At this point, your home is still considered to be the marital residence. Until there is a court order in affect, a final divorce decree or a formal separation agreement providing otherwise, your spouse has the same rights to occupy the home as you do.

Note: If you have been put in fear for your life, etc. then you could file for a restraining order or order of pretection. In such an event, your spouse would be compelled to leave the premises (or the police could remove them, if necessary).

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 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.

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