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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 113438
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I have been trying to get my husband to move out since July

Customer Question

I have been trying to get my husband to move out since July and I finally just changed the locks yesterday so he couldn't come in unless I was there. Can I do that?
JA: Family law varies by state. What state are you in?
Customer: California
JA: Have you talked to a lawyer yet?
Customer: no I have an EAP source through my company but they won't get me an appointment with an attorney until tomorrow. I locked him out this morning
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have to kids 8 & 10
Submitted: 4 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Legally, unless you file suit for divorce in court together with a motion for temporary possession of the martial home and get a court order granting that possession, I am afraid he has legal rights to the home and can actually break in through the new locks. Until you get a court order giving you possession of the home, at least temporarily, he has as much right to the home as you have. So legally you cannot keep him out until you get the court order.
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