What You Need to Know About Eviction Laws in California
In California, it is possible for an individual to be kicked out of their home by their spouse only with a proper court order. Here is what you need to know on whether or not your husband can kick you out of the house he owns.
An individual can only force their spouse to move out of their home by obtaining a court order. In cases of eviction, a court order can be obtained with evidence of assault or threats of assault. Once a court order is obtained, the individual can file for a dwelling exclusion. However, an individual cannot kick their spouse out of their California home for reasons other than assault or threats of assault, even if the spouse does not have their name on the mortgage, deed, or lease. California is a community property state, and therefore, all marital property is considered equal.
Dwelling Exclusion According to California Family Code Section 6321
California Family Code Section 6321 states that California courts may issue a court order that can exclude an individual from a dwelling.
However, California Family Code Section 6321 also describes certain limitations to dwelling exclusions:
- The party that will stay in the dwelling following the eviction owns the property
- The party that is to be excluded has been proven to be threatening other parties within the dwelling and/or has been threatening to the minors occupying the dwelling
- Proof that the threatening party would negatively affect the emotional or physical wellbeing of the other parties of the dwelling if not evicted
If evidence of the above requirements is provided, individuals living in California may be able to evict their spouses from their homes. In these cases, a lawyer is required to submit the application for a court order. Individuals should be prepared to prove that the situation is an emergency, as courts typically only grant court orders to true emergencies (such as ex parte orders).
Related: 3 Ways to Legally Kick Your Husband Out of the House
FAQs
What are my rights if I am a spouse being kicked out of my California home?
If one’s spouse is attempting to evict them from their California dwelling, they have certain rights. Just because one’s name does not appear on the mortgage, deed, or lease for the California home does not mean that one can be kicked out. This is due to the fact that California is a community property state, and therefore, all marital property is considered equal for both parties. Legally, it is the house of both parties, as it is considered a marital residence. However, the same requirements of the California Family Code Section 6321 mentioned above still apply; if the aforementioned requirements are met, a spouse can be removed from a California dwelling.
What should one do if their spouse is threatening to kick them out of their home?
Spouses should recognize that they have rights to their marital residence, regardless of legal ownership. If necessary, hiring a martial attorney may be helpful to protect one’s interests. If the spouse that is threatening is acting hostile or aggressive, it may be necessary to also contact domestic violence support.
Related: Domestic Violence Restraining Orders in California
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