Can I Ask My Spouse to Leave My Home After Serving Divorce Papers?

@Merlin
Note to everybody here. Look at the flair/label underneath the Reddit name. There is a big difference between lawyer and a layperson. 25 years ago, I worked for the corrections department in California. I am no lawyer, but I am not unfamiliar with the law. It is extremely unwise to lock somebody out without a court order, especially in California if you are a victim of DV; take that to the cops first, not to the family court judge. Some can be quite unsympathetic. Find out how to do all this legally. Initial meetings with a lawyer are free, and you could spend even more time talking about this in legal aid clinics if money is an issue. There are also social dynamics. You may want to take some of your personal property and put it in the safe deposit box along with important papers. Strange things have been known to happen to the aforementioned by angry, soon-to-be ex-spouses. CYA legally. To the OP, look for that little thingy underneath the name of the poster… look at mine; it says layperson. If you get a restraining order, make sure to find out how to enforce it, and what not to do to violate from your end. Be very careful who you talk to in your social circle. Friends and family members often choose sides in these situations. Resentful people at work have been known to inform the other party. Depending on your resources, you may also want to go into counseling or affiliate with a group of people who are going through the same thing, a.k.a. group therapy. The reason I am saying all this here as a reply is that while I may want to do something if I was in your situation, that doesn’t mean I should. Changing locks, throwing the person’s clothes out the window, and lighting them on fire, etc. makes for great Hollywood, but in California could have you charged with an illegal eviction and arson, destruction of property, etc. Then you might end up in jail. If that happens, you will be in a space where I am no longer the layperson. Trust me, you don’t wanna go there, and more than a few of the morally right have gone there by giving into their emotions and doing something illegal.

If he helps with the mortgage, it might be harder?

Call the police and have them remove him seeing as you got an EPO. It’s best to have him out of the house before it expires and then ask him to sign the paper.

Whitney said:
Call the police and have them remove him seeing as you got an EPO. It’s best to have him out of the house before it expires and then ask him to sign the paper.

EPO will expire this week. He will be allowed to come home after that. Due to holiday, divorce papers will be filed by next week.

@Bay
You can still get him removed from the property seeing as you own the home and it’s in your name before marriage.

Whitney said:
@Bay
You can still get him removed from the property seeing as you own the home and it’s in your name before marriage.

She has to evict him first. Changing the locks is illegal and she can be fined, and he will still be able to return to the home.

@Merlin
Not true. Since she has EPO, she can legally kick him out already and have him be removed from the premises. She owns the house; she can do what she wants to it.

Whitney said:
@Merlin
Not true. Since she has EPO, she can legally kick him out already and have him be removed from the premises. She owns the house; she can do what she wants to it.

Curious why you didn’t file for a TRO with a hearing for a DVRO. Would have had a place to ask for a move-out order. File that first. Get a lawyer for the divorce.

Bao said:

But what about after the EPO expires? He will be allowed to come home.

What does the EPO say?

Zen said:
What does the EPO say?

It has a move-out order, but it will expire this week. I am planning to serve him divorce papers next week.

Bay said:

Zen said:
What does the EPO say?

It has a move-out order, but it will expire this week. I am planning to serve him divorce papers next week.

He refused to move out completely, and he’s allowed to come back home after the EPO expires.

@Bay
Then you need to get another one. A divorce filing on its own does not require him to move out.

Zen said:
@Bay
Then you need to get another one. A divorce filing on its own does not require him to move out.

But since I own the home before marriage, can’t I force him to move out?

@Bay
He has the rights as a tenant and possibly marital rights depending on several factors. At a minimum, you would have to evict him.

Zen said:
@Bay
He has the rights as a tenant and possibly marital rights depending on several factors. At a minimum, you would have to evict him.

What is the process of eviction in such a case?

@Bay
This is going to be much harder than evicting someone you are not married to. It may not be possible until the divorce is finalized. You may have to apply for another TRO to get him to leave.

@Bay
Request for order citing domestic violence… you gotta file for divorce first… a restraining order can keep him away also from the home.