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What do i need to do to make sure that my husband can't tell me what i can or can't take when he kicks me out.

Laguna Niguel, CA |
Filed under: Divorce

are there specific papers that i need to file? thank you. this is urgent.

he probably has to get an eviction notice to kick me out. how long does that take? can he call the cops to kick me out. we live in an apartment complex and i'm not on the lease.

Attorney Answers 2


He can't just kick you out if you own the home jointly. Even if you do not own it but have lived there then he needs to follow specific procedures to get you out of the house. There is no authority for him to remove you from the home if you've lived there by him simply saying to get out.

This is just my opinion and not a comprehensive answer. You assume the risk because this answer may not apply to your situation depending on the facts.

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The lease is still a community asset. If you don't have a prenuptial agreement, then he cannot contend that the lease is "his" and that you have no rights.

You should file for legal separation or divorce ASAP so that both of you a bound by the temporary restraining orders on the back of the Summons. The orders prohibit parties from engaging in the type of behavior that your husband is threatening. You should further file an OSC re support and ask for further restrictions on assets -- including a specific Court order that provides for payment of the lease.,

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