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    cnelson's Avatar
    cnelson Posts: 1, Reputation: 1
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    #1

    Aug 6, 2008, 11:40 PM
    How to evict husband in California
    Iv'e been with my husband for 12 years, married for three. Our life style is completely opposite now and I'm in the beginning stages of starting a divorce. With his aggression he's been displaying lately iv'e asked him to leave. Hes not on the lease and does not pay ANY BILLS. How do I get him out ASAP?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Aug 7, 2008, 06:22 AM
    Quote Originally Posted by cnelson
    Iv'e been with my husband for 12 years, married for three. Our life style is completely opposite now and I'm in the beginning stages of starting a divorce. With his aggression hes been displaying lately iv'e asked him to leave. Hes not on the lease and does not pay ANY BILLS. How do I get him out ASAP?

    Depends on what you the "beginning stages of divorce" are. I've never seen anyone evicted from the marital home.

    I have seen restraining orders and someone ordered out and then evicted.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Aug 7, 2008, 06:23 AM
    As Judy said, the fastest way is by obtaining a restraining order. You may also file for a separation and make his moving out a condition of the separation agreement. Talk to you divorce attorney.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Aug 8, 2008, 06:09 AM
    Hello c:

    If you're married (and you are), and you live in a community property state (and you do), then all it takes is ONE person in the marriage to obligate BOTH. Therefore, if YOU signed the lease, HE'S on it too.

    Even if he was just a roommate, you're not his landlord. Therefore, you couldn't evict him. The landlord can evict BOTH of you, but not just him.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Aug 8, 2008, 07:47 AM
    Quote Originally Posted by excon
    Hello c:

    If you're married (and you are), and you live in a community property state (and you do), then all it takes is ONE person in the marriage to obligate BOTH. Therefore, if YOU signed the lease, HE'S on it too.

    Even if he was just a roommate, you're not his landlord. Therefore, you couldn't evict him. The landlord can evict BOTH of you, but not just him.

    excon

    I learn something every day - I didn't realize this applied to contracts/leases (in community property States).

    I am never moving to a community property State.
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