If our marital home purchased by husband prior to marriage, can he evict me in 1 day?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If our marital home purchased by husband prior to marriage, can he evict me in 1 day?

If my husband purchased this home 1 year prior to our marriage and we lived in it for 5 years during our marriage, can he evict me from the home? If so, can this be done in a day? He is no longer living here. He has been gone for 7 days.

Asked on July 29, 2017 under Family Law, California

Answers:

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

Answered 6 years ago | Contributor

No, your husband cannot legally evict you. Unless and until there is either a legal separation in effect or a final divorce decree has been issued, the home that you shared remains the "joint marital residence". This means that you both enjoy equal rights of occupancy. This is true no matter whose name is on the deed. If you husband attempts to evict, go to the police or the courts.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption