Can you separate but still live in the same house?
Can you separate but still live in the same house?
Going through a legal separation while still living with one another can be challenging, but it is certainly possible to establish separate rules to be agreed upon by both parties.
Can my wife force me to leave the house?
In California, it is possible to legally force your spouse to move out of your home and stay away for a certain length of time. One can only get such a court order, however, if he or she shows assault or threats of assault in an emergency or the potential for physical or emotional harm in a non-emergency.
Can my husband ask me to leave the house?
No, he can not force you to leave your home. A house bought during your marriage is presumed to be community property. Only a judge can order one of you to leave.
How can I legally get my husband out of the house?
To legally kick your husband out of the house, California law has certain requirements. It requires a showing of assault or threatened assault if the request is made on an emergency basis. It also requires potential for physical or emotional harm if the request is made on a non-emergency basis.
Can I call the police to have someone removed from my home?
Unless they are a legitimate resident of the house, usually determined if they receive mail or are on the lease, they can be removed from your property as a “trespasser.” Obviously, involving the police is for the most extreme cases, and even the mentioning of 911 is often enough to finally get someone out the door.
Is it illegal to lock your spouse out of the house?
No, she legally may not lock you out of your matrimonial home. Neither spouse can lock the other out of the home they shared as spouses unless and only if there is a court order requiring it (e.g., a protective order barring you from the house), or after disposition of the home is determined in the divorce.
Can my spouse kick out a guest without my consent?
As long as the spouse lives in the same house, whether pays part of mortgage/rent or not, or whether on the title or not, has full right to kick out the guest even if you have invited the guest. If you resides there, you can have anyone you wants as a guest without needing her permission.
Can a house guest refuses to leave?
A guest who won’t leave is technically a trespasser — unless, that is, the police think he’s a tenant. This situation can quickly become complicated. Houseguests who have overstayed their welcomes are technically trespassing, which is a crime.
Can police remove squatters?
Or call whichever local law enforcement agency removes squatters. Your little “civil matter” becomes a law enforcement matter once you have a signed eviction notice or court order in your hand. If you win the above civil actions, you can generally pay the local sheriff to remove the individuals from your property.
What happens if one person wants to sell a house and the other doesn t?
If one wants to sell and the other does not, the one who wants to sell can sell his interest anyway. If there is a mortgage on the property, the lender will take the property if payments are not made but will not take a 1/2 interest in the property if your brother decides he just does not want to pay any more.
Can I sue my ex wife for not paying the mortgage?
If the decree states that she is responsible for the mortgage, then your recourse is to bring a contempt action against her and have the judge order payment. If she cannot afford to make the payments, then you should request that the judge order the sale of the marital home.
What happens if ex doesn’t follow court order?
If the judge finds your ex has been blatantly disobeying orders of the court, he or she may be found guilty of contempt of court and could face time in jail, fines, or other penalties. If your ex is failing to follow the custody orders of the court, contact an experienced family law attorney today.
When your ex does not comply with your divorce decree?
If your spouse fails to abide by the divorce decree after your divorce is final, you could wind up without your rightful properties, child support funds, or alimony payments. Not only is this inconvenient and frustrating, but it could lead to serious financial hardship or issues with your children.
Can I sue my ex husband for damaging my credit?
Bottom line– no. There is no such tort as intentional ruining credit. Your family law attorney should have explained to you that an allocation of a community debt to one spouse does not change the liability for that debt to the creditor.
