I am planning to serve divorce papers to my spouse and currently we both live in a home that I own before marriage.
Can I force him to move out after serving divorce papers?
He also recently got an EPO (emergency protective order) due to domestic violence.
Edit: the EPO will expire soon, but divorce papers can only be served by next week due to holidays. So he is allowed to come home after the EPO expires, but I am not sure if I can force him to move out after serving divorce papers.
No, you have to legally evict him, which takes months or years in CA. They will not force him to leave, unfortunately. I had to move to get mine to leave since the court is still backed up from COVID. It has to be done legally; otherwise, no.
You are about to serve divorce papers but don’t have a lawyer to ask a question like this?
Access to the home before the divorce is final is a complicated question in California. If you don’t have a lawyer, consult with a few (initial meetings are free) and ask how they would approach this situation.
Who owned the house before the marriage doesn’t matter whatsoever in terms of rights to live there before the divorce is finalized. Did he pay towards the mortgage, upgrades, or anything? If so, you’re going to have to pay him out his share most likely.
Until a judge says you have exclusive rights to live in the home, he has as much right to be there as you do. It obviously wouldn’t be a smart idea for you two to cohabitate during the divorce, but that’s another thing.
But to answer your question, you can’t do anything until a judge tells you. You block access to the home and that turns into issues for you, not him. Change the locks without a court order, and he can kick the door down legally. Consult an attorney and get an order before you do anything.
You can, sure. Spouse does not need to abide by your request, however.
You can ask him to jump off a bridge. Doesn’t mean he’s going to do it.
You will have to evict him. How long was he gone? What expenses did he cover? Are there children involved? There are a lot of things the judge will consider.
Hi, the time to deal with this was last week. It’s important to remember that the courts are not fast-moving, nor are attorneys to be used as emergency services. If the Temp RO expires, he can come back. If he does anything violent towards you, call the police and get him arrested. Courts are not open again in California until Monday. I’m confused how the temporary didn’t have a date to become permanent? Usually, a hearing happens within 7 days of the temp being issued, and it’s extended to a trial date 3 or so months out.
Speak with an attorney. Don’t fumble around with important issues.
Your best bet is new or extending EPO.
Filing for a request to order citing domestic violence… you gotta file for divorce first?
I’m going through something similar with my wife… she wants me out of the house ASAP… you have to get a court order to remove him from the home… domestic violence is a sure-fire way for a judge to grant you that… just being the sole owner of the house before marriage isn’t enough.
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This is illegal and stupid.
This is illegal and stupid.
No, it’s not illegal. It was her house. You can read, correct?
This is illegal and stupid.
No, it’s not illegal. It was her house. You can read, correct?
You can’t change the locks on a tenant without eviction. You can Google, correct?
@Merlin
Replying to Ponce2170. Good luck trying to get to court. Let him pay for a lawyer.
Peyton said:
@Merlin
Replying to Ponce2170. Good luck trying to get to court. Let him pay for a lawyer.
This is a law subreddit, genius. The whole point is about going to court. Some people’s kids…
@Merlin
No way, a law Reddit??? Wow, you are a genius for sure. You clearly know nothing about the law or watch news, read papers, or any of the above. 
Peyton said:
@Merlin
No way, a law Reddit??? Wow, you are a genius for sure. You clearly know nothing about the law or watch news, read papers, or any of the above.
Nice delete genius 
.