My wife wants a divorce but wants me out of the house

Asked over 4 years ago - Culver City, CA

My wants a divorce and she's asking me to find a place? Is this right? If she wants a divorce do i legally need to leave the house? We also have 2 kids. I would think that she wants out she should leave, no? She hasn't filed yet.

Attorney answers (2)

  1. Cristin Michelle Lowe

    Contributor Level 13

    Answered . You are not legally required to leave the house. She can force you out of the house in two main ways: 1) She files a motion with the Court requesting sole and exclusive use of the family residence; or 2) You are given a move out order due to a temporary restraining order.

    There really isn't a right or wrong answer to who moves out or if neither parent moves out. You need to look at all of the circumstances--financially, who is best able to pay for the house? If you can't afford the house plus a separate residence, you might have to continue living together. What about the kids? If their house is near their school, friends, and extracurricular activities, moving them with a parent to somewhere strange is likely to be upsetting to them. You need to make the best decision based on your situation.

  2. Mark Brian Baer

    Contributor Level 14

    Answered . Unless and until a Judge orders someone to leave the house, you have no obligation to leave. As uncomfortable as it may be, many people are living together during divorce proceedings because of the current economic climate and their financial situation. However, such an arrangement is awkward and more stressful for everyone involved.

    If someone does leave the residence without an order to do so, I would imagine that it should be the one who does not expect to be the primary care giver for the children because a move from the primary residence for the children at the same time that their parents are going through a divorce is more traumatic for them than if they had the stability of continuing to reside in the house as their primary residence.

    Please note that if you do continue to reside together and an incident occurs from the stressful arrangement, it could result in police being called and possibly someone filing a restraining order. If you look at my profile, you will see an article I wrote entitled trust and the attorney client relationship. You would not be the first example of a situation where someone filed a domestic violence restraining order in order to obtain a desired result (fraudulently) and achieved that result because justice does not always prevail.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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