Can my husband evict me from his house?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my husband evict me from his house?

We have been married 6 years. He has owned his home for 40 plus years but needed to get a loan modification soon after we married. In order for him to be approved for the loan modification, he listed my income. I had to quit my job where I was living and transfer to a job

near his house in order for the bank to consider my income in my husband’s application for the loan modification. My husband at that time promised to put me on the deed at the end of the 3

year probationary period. He changed his mind after the 3 years, however promised to do a Trust. Now he suddenly wants a divorce and has had an attorney give me a 60 day notice. I’m on SSDI and have major health issues. Also, my mother just died a couple months ago in this house and left me a small inheritance. My husband had no problem helping himself to my inheritance but has since reneged on his agreement to entrust his house to me. Can I be evicted in 60 days when I have lived in this house with him for several years and have contributed 50% or more to the budget, including the house payment.

Asked on July 7, 2016 under Family Law, California


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

Answered 6 years ago | Contributor

Until there is a formal separation agreement or final decree of divorce that states who has the rights to the house, then it is still considered to be the "joint marital residence". This means that you have the same right to live there as your husband does, regardless of whose name is on the deed/mortgage. As for any rights that you may have to the house after the divorce, that will depend on the exact circumstances of your case. Additionally, you live in a community property state which may or may not afford you additional rights. At this point, you really need to consult directly with a divorce attorney in your area; they can best advise you further. If money is an issue, you may qualify for free/low cost legal assistance. Try legal aid or your department of social services. Also, you can contact your state/county bar association for low cost legal help. Finally, check to see if there is a law school close to where you live; typically they run legal clinics that handle divorce cases.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption