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Can a family court judge order the primary parent to move out of the marital home if there are 3 kids involved?

Petaluma, CA |

My ex was having an affair and when he was caught, filed for divorce. 10 yr marriage 3 children. I was a stay home mom with 3 kids. Im with them 90% of my life. My husband had always been abusive (not physical). First court hearing the judge awarded my ex physical custody 50%, gave him temp possession of our house and ordered me to move out. Then the judge ordered me to get all of my stuff out too. Even though it was a temp order and we hadn't got to the "property " issues yet. (meaning I still owned half) AND he has a 2 hour commute to his office AND he was the one who filed for the divorce and cheated.
The judge said that it would be UNFAIR on my ex to have to pay the mortgage and taxes, and then have to pay CS as well Best interest of kids? Or husbands financial situation?

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Attorney answers 3


"Can" a judge order as this judge did? Clearly yes, as that's what he did. It sounds like you need an experienced family lawyer ASAP. You can use the "Find a Lawyer" tab here at Avvo, and I suggest you contact some local attorneys this morning. Many family law attorneys give a free consult. Best of luck to you.

Attorney Inga Stevens is licensed in Maine. She provides general information on No attorney-client relationship arises out of the information given here.


Whether your ex had an affair is of no interest to the court; this is a no-fault state. Whether he or you filed for divorce first is of no interest to the court.

Apparently, the court has already held a custody hearing, and made a custody order; you don't provide enough facts to make it possible to say anything about what the court did or did not consider.
You and your soon-to-be ex had an equal right to use the house, as long as whoever was living there was paying the mortgage; it doesn't sound like it would be in the children's best interests, or yours or his, for you and your STBE to be living under the same roof.

The court is also required to consider financial reality: if you had stayed in the house, and received the child support payment from STBE as ordered, would you have been able to make the mortgage payment on the house each month? Is there any equity in the house? One of the judge's responsibilities is to make sure that the community equity in the property doesn't get lost in foreclosure; that's not in anybody's financial best interest.


Attorney Stevens is correct. You nee professional assistance for your situation. The Avvo Find a Lawyer tool is a great place to look for an attorney or you can contact your local bar association for a referral.

** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Law Offices of Eric J. Gold Telephone: 818-279-2737 Email: service@egoldlaw.con

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