Separated wife continues to live in house uses the kids as an excuse,Cops say she is allowed to stay since they are not divorce?

My friends, separated wife uses the excuse to see the kids and then ends up staying in the house. The kids don't know what to do but they allow her in the house when their dad is at work. He called the cops but said she is allowed to stay since they are not legally divorce. She was never on the tenant agreement and never paid rent. She has no where to go and no job but says shes there for her kids. How is that possible if two people are separated and she never financially or physically helps these kids but only when she can benefit from it? He works an early AM shift so she agreed to take the kids, he car is broke and keeps the kids from going to school. What advice can I give my friend from preventing her from continuing to live in his house? what steps would he need to do?

Fontana, CA -

Attorney Answers (2)

Vincent Barney Garcia

Vincent Barney Garcia

Divorce / Separation Lawyer - Rancho Cucamonga, CA

So long as the mother/wife has not committed violence against the husband or kids then he can't kick her out of the house--that is the law in CA. Your friend must file his petition for divorce and file quickly. I would think he believes he can't afford an attorney right now. Attorneys are starting to accept payment plans.

Try to get some friends together to help pay for a down payment to retain an attorney. He should see a Certified Family Law Specialist as this kind of attorney is affordable and experienced. They work much more efficiently than other attorneys. For example, if you need surgery on your leg or stomach, you wouldn't be so foolish to hire a general practitioner, you'd hire a surgeon. In law it is the same way. You have Criminal Defense lawyers, Civil Litigation lawyers and Tax Attorneys. So you have expert attorneys in family law who are Certified by the California State Bar, Board of Legal Specilization that make sure these attorneys have the expertise in Family Law.

This answer is not intended to give you any legal advice as the information provided by you is insufficient to... more
Marjory B. Cohen

Marjory B. Cohen

Divorce / Separation Lawyer - Detroit, MI

In Michigan, any home where a married couple resided jointly is considered to be a "marital home" and both are entitled to live there unless the Court orders that one party is entitled to exclusive occupancy of the home. In Michigan, you could file a motion for exclusive occupancy and explain all of the facts in favor of your position to the Judge. The judges are generally reluctant to grant these motions, especially where the party (in this case the Mom) is living in the home with the children, since they do not like to disrupt the childrens' lives any more than is necessary. My experience is that such motions are successful only where there is fairly significant domestic violence or an otherwise terribly tense environnment for the children, and usually only when the person being excluded from the home has somewhere else to live.

Please understand that different states or even different jurisdictions within states may have different laws, procedures and practices. This advice is applicable in Michigan, but other jurisdictions may differ.

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