Tuesday, May 24, 2011

HOW DO I GET MY WIFE OUT OF MY HOME AFTER SHE FILED FOR DIVORCE?

QUESTION: How do I get my wife out of our rented home if she files for divorce? My wife of 2 1/2 years filed for divorce, and I received the papers yesterday. I was living in our current home (which we DO NOT own, we rent) before we got married. Only my name is on the lease. I want her and her 18-year-old son out of the house. What are my rights and what do I need to do? We live in California and on the divorce papers there is no requirement from the judge for me to move, however she does not want to leave. She also put the date of separation as 5/31/11.

MY ANSWER: Unless there is a Domestic Violence Restraining Order (DVRO) issued by the Court for violence or threats of violence by your wife, she can't be excluded from your rented home. I would suggest that you and she (and her son) occupy separate bedrooms and stay out of each other's way, to avoid the risk of a claim against you for Domestic Violence that might result in you being excluded from your rented home and an order that you pay the rent, as well. You can consult an attorney who handles Unlawful Detainer actions regarding how to evict your wife's son from the house. Unless your wife voluntarily moves out of the rented home, the Family Law Court won't evict her or allow you to evict her.

With regard to the date of separation in your wife's Petition, that was an obvious error, so in your Response (which you have 30 days from the date of service to file and serve), you should set forth the actual date of separation, comprising the earliest date of the date either party told the other something to the effect that he or she is divorcing the other or that your marriage is over, or the date of your wife's signature on her Petition.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

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