Do I have the right to ask my children’s father to leave the house if we are both on the lease?

UPDATED: Sep 14, 2012

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Do I have the right to ask my children’s father to leave the house if we are both on the lease?

I broke up with my kids father a few days ago, with the agreement that we will remain in the same house until we both can find places to go. The emotional and mental abuse has escalated and I want to ask him to leave. The children would stay here with me in our apartment.

Asked on September 14, 2012 under Family Law, California


Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 10 years ago | Contributor

No, not really, but there may be other options:

1. You can kick him out if the abuse rises to the level required under law to get a domestic violence restraining order.  You would have to go to court and get a restraining order (there are no filing fees) and then under the authority of the court, you could kick him out.

2. You can go talk to the landlord and get them to release you from liability under the lease agreement--and move out.

3.  Although you remain liable under the lease, you could move out and hope he pays the rent on the old place and doesn't ruin your credit.

Best of luck.



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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