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Eviction of the Spouse

Sun, 2010-10-17 00:00 — Elizabeth

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San Diego Family Law attorneys, Michele Sacks Lowenstein and Elizabeth Brown, answer whether you can evict your soon-to-be-ex wife or husband from the marital home.

Provided that you file a formal request with the court and put them on notice of that request, California does allow you to petition for your spouse's eviction. You'll need to supply the court with supporting evidence justifying your petition.

San Diego divorce provide information on available resources and help for domestic abuse and violence in California. It's important to know that if domestic violence is involved, the court can evict the offending party without notice. An eviction due to claims of domestic abuse results in the court holding a hearing, after having evicted the individual, to decide whether the removal will remain permanent. For more information on domestic abuse, including a brief list of resources available to you please see our video on How to Protect Yourself from Domestic Violence. Links to additional resources in California are available in our Link Hub to Information You Should Know. If you are having domestic abuse allegations made against you, please see our video Defending Yourself Against Allegations of Abuse.

Generally, a divorcing couple do not require a formal request for eviction, as one party will usually voluntarily leave the residence. It's wise to address how the continuing payments on the marital house (if there are any) will be made beforehand. The party that remains in the house isn't always the one that has to pay.

When meeting with your divorce attorney about spousal support orders, how the payments for the marital home will be made is something that should be discussed in detail. For more information see our California Divorce Issues for Homeowners.

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