How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 35282
Experience:  Attorney with 16 years experience
19958803
Type Your Family Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

California, Wife abandoned the house. House in Wife's name.

Customer Question

California, Wife abandoned the house. House in Wife's name. Community property state. Can they legally get the husband to leave? If so how?
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.

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?

.

.

thanks

Barrister

Customer: replied 1 year ago.
Customer: replied 1 year ago.
Answer??????
Expert:  Barrister replied 1 year ago.

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.

.

.

thanks

Barrister

Customer: replied 1 year ago.
Are both parties present in front of the judge? Are both allowed representation?
Expert:  Barrister replied 1 year ago.

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.

.

.

thanks

Barrister

Customer: replied 1 year ago.
Ok, thank you. I the meantime she has been entering the house while I am at work. Do I change the locks? Also, a 16 year old daughter involved. Is there any pressure for abandoning the domicile with a minor present?
Expert:  Barrister replied 1 year ago.

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.

.

.

thanks

Barrister

Customer: replied 1 year ago.
Ok, answered and gave me a much better perspective on a very sad situation.
Thank-you for your help. Hope your night is better than mine.....not a big stretch.....but still all my best.
ss
Expert:  Barrister replied 1 year ago.

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.

.

.

thanks much

Barrister