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My son-in-law is trying to kick my daughter out of the

Customer Question
My son-in-law is trying...

My son-in-law is trying to kick my daughter out of the house. He has gotten very nasty in the last few days. If this goes to a divorce what can my daughter get in a settlement? They have been married only 17 months.

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

No papers yet. She doesn't want to file for divorce. This is for California law.

Lawyer's Assistant: Have they talked to a lawyer about this yet?

No but she wants him to file because she has no money to file anything. She also has a 6 year daughter living with them and needs a place to live.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just that he suffers from PTSD. His mood swings are very quick and this one is ongoing for about 4 days. Usually he will be sorry for his outburst but not this time. He also has the ability to track her every step in the house and when she drives around. I don't know how he does this.

Submitted: 1 month ago.Category: Family Law
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Answered in 6 minutes by:
5/19/2018
Family Lawyer: Sue, Family Law Attorney replied 1 month ago
Sue
Sue, Family Law Attorney
Category: Family Law
Satisfied Customers: 527
Experience: Family Law litigator for over 35 years
Verified

Hello, I’m here to help you today. I'm a licensed attorney with over 35 years’ experience in family law. I'll review your question and be right back.

Sue

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Family Lawyer: Sue, Family Law Attorney replied 1 month ago

This is general information and not legal advice. No attorney-client relationship is formed. This is for educational purposes only.

What a divorce will address is the division of marital property, spousal support and if the 6 year old is your son-in-law's, custody and visitation.

There is no "settlement" per se.

However, there is no reason your daughter couldn't ask for a settlement in consideration of her moving out. If he has the funds, it may be worth it to him to make a one-time payment to achieve his goal.

Does that make sense?

Sue

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Customer reply replied 1 month ago
But does he have the right to just push her out of the house without caring where she is to go
Family Lawyer: Sue, Family Law Attorney replied 1 month ago

No.

This is your daughter's marital home, as well.

He could file for divorce and request what's called a kick-out order, but he cannot unilaterally require her to leave. She can also request a kick-out order, for which the court will have some sympathy since this situation involves her young child.

If your daughter is threatened or physically, mentally or emotionally abused by her husband, she can get good support and perhaps legal help from her local domestic violence center. She can find that center and other support services from the National Domestic Violence Hotline 24/7. She can reach them at 1-***-***-**** and on-line here.

Sue

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Family Lawyer: Sue, Family Law Attorney replied 1 month ago

Are there other questions I can help you with?

My goal is to provide you with excellent service. I hope I have provided you the information you were seeking. If you’re satisfied with my assistance, your 5-star rating at this time is most welcome. If you need more help or have any further questions, please do let me know so I can continue to assist you.

Sue

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Family Lawyer: Sue, Family Law Attorney replied 1 month ago

I'm just checking back in.

Sue

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