Family Law Questions? Ask a Family Lawyer Online.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
Is this the marital home?
Was it purchased during the marriage?
Ok, then no, the wife, although listed as the legal owner, would not be able to force the husband to leave the home without an order from a judge awarding the wife sole possession. The husband would be considered an equal owner of the home even without being on the title since it was acquired during the marriage. In CA, any assets acquired during the marriage, with the exception of inheritances and gifts, are considered marital assets and are equally owned by both spouses, regardless of whose name title is in.
Yes, if either party filed a motion for sole possession as part of any divorce action, the other party would be notified of the motion and have the opportunity to appear and object to the motion.
And yes, both parties are allowed to have their own attorneys represent them and this is typical in any divorce action.
Legally, since you are both equal owners, neither of you could prevent the other from accessing the property. You could change the locks, but she could then get a locksmith to gain access. Neither party has the power to prevent the other from being on or in the property without a court order..
The fact that she moved out will have some negative inflection on the case in front of a judge depending on the reason for her leaving. It could have an effect on any child custody proceedings though as it would negatively reflect on her parenting skills.
You are very welcome. Glad to help any time.. I hope everything works out for the best for you...
If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.