Can you make your spouse move out?

In California, property acquired while married is community property. Typically, if the house belongs to both spouses and you cannot force your spouse to leave the family home during divorce except under very limited special circumstances. …

How can I get my ex husband out of the house?

You may be able to physically remove your spouse from the marital home by securing a temporary order from the family court. Depending on where you live, you may have to file a divorce petition first.

Can I force my ex husband to sell the house?

If you and your ex own a home that is in both of your names, they cannot legally force you to sell the house. Usually, spouses trying to force a property sale need to free up the capital so they can find a property of their own. Therefore, this is sometimes an agreeable solution for both parties.

Who has to leave the house in a divorce in California?

When a divorce case goes to a judge to decide, he or she will split all community property down the middle. The judge will allocate 50\% of the community property to one spouse and 50\% to the other.

Can my wife kick me out of the house in California?

In California, it is possible to legally force your spouse to move out of your home and stay away for a certain length of time. One can only get such a court order, however, if he or she shows assault or threats of assault in an emergency or the potential for physical or emotional harm in a non-emergency.

Can I refuse to sell my house in a divorce?

If either spouse refuses to leave the marital home prior to any court settlement, it is generally not possible to force through a house sale. In either scenario, if the other spouse does not agree to put the property on the market, the only way to get a sale will generally be to go to court.

What do I do if my ex doesn’t sell my house?

What do I do if my ex won’t sign to sell our house? You cannot force a sale, but you can try to come to an agreement with them, by either buying them out or selling them your part of the property. If you’re currently dealing with a divorce, dealing with your shared belongings can become hard work very quickly.

What is a wife entitled to in a divorce in California?

In California, a wife may be entitled to 50\% of marital assets, 40\% of her spouse’s income in the form of spousal support, child support, and primary child custody. These entitlements are based on the marriage’s length and each spouse’s income, among other factors.

Does it matter who files for divorce first in California?

The first person to file for divorce in California is known as the petitioner. Most legal experts believe that there is little legal advantage to who files first because California is a no-fault divorce state, so the court really doesn’t care who files the petition first.