Full question:
While my wife and i consider divorce in California, we own a house in joint tenancy. She wants to me move out during the whole time but I pay half the mortgage and taxes and bills. DO I have to move out even though I am to blame due to a one time affair?
- Category: Divorce
- Subcategory: Legal Separation
- Date:
- State: California
Answer:
Usually each spouse has as much legal right to be in the home as the other, until a court orders a spouse to have "exclusive possession" of the matrimonial home, or one spouse agrees to move out Simply not wanting to live with your spouse isn’t sufficient grounds to lock him or her out of their home. However, if you have grounds to fear immediate violence, it may be reasonable to lock your spouse out until the police can be contacted and a restraining order obtained. Emergency, temporary court orders can be obtained in extreme circumstances.
A spouse has a right to reside in the marital residence unless there is a court order otherwise. Sometimes when a divorce action is filed, one party will ask for exclusive possession of the marital residence to be awarded pending the distribution of assets in the divorce decree. In some cases, a party will ask for a restraining order to prevent another spouse from entering the premises. Typically, a threat of harm needs to be shown before the court will grant a restraining order. However, without a court order, a spouse may not lock another co-owner spouse out of the home when the other spouse hasn't already abandoned the premises.
See also:
http://www.divorcesource.com/ubbthreads/showflat.php?Cat=0&Number=137747&Main=115801
http://www.divorcenet.com/states/north_carolina/family_law_questions_and_the_collaborative_process
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
