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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 25543
Experience:  Active member of the NYS bar since 1989
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My husband is using methamphetamine, doesn't work and has

Customer Question

My husband is using methamphetamine, doesn't work and has people in and out of our home at all hours of the day and night, while I work. Today I found hypodermic needles in my garage. How can I legally remove him from the home?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Has anything been filed or reported?
Customer: he has been arrested numerous times for possession of the drug and drug paraphernalia. He is supposed to be on probation, but he laughs in my face and says that he is there to stay and there is nothing I can do about it.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have gone to the Sheriffs Department where he is well known. I will go there again if it will help.
Submitted: 3 months ago.
Category: Legal
Expert:  Zoey, JD replied 3 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Expert:  Zoey, JD replied 3 months ago.

Unfortunately, as he is your spouse he cannot be evicted unless there's a court order. Typically, you'd have to file for divorce to get an order that would give you full and exclusive rights to the marital home.

What you could do is to report his unlawful activities to the police and, for that matter, to his probation officer. That should result in an arrest and in a violation of probation, which may end up with his doing time and/or being mandated to treatment.

You could also try to report him to the police as a danger to himself and others and get him 5150'd.