Can my husband kick my twin sons and I out even though I am unemployed?

UPDATED: Feb 14, 2012

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Can my husband kick my twin sons and I out even though I am unemployed?

My husband has filed for divorce. He says I need to move out. I have no income. What are my rights?

Asked on February 14, 2012 under Family Law, California


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

Answered 11 years ago | Contributor

Unless the divorce has been finalized or the court has issued some type of temporary orders that give him the exclusive right and possession to the house, he can't force you to leave with the kids.  At this point, the house (or apartment) is still considered to be the joint marital residence.  This is true no matter whose name that the deed (or lease) may be in.

Right now you should speak with directly a divorce attorney in your area.  Once temporary orders are issued, things will be different.  Be aware that if he attempts any type of "self-help" such as putting your things out in the street or changing the locks you could sue him.  Additionally, this would hurt your husband in the divorce proceedings.  The fact is, that staying in the house is the best thing (unless you feel that for some reason it would not be in the best interests of your children). 

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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