It is legally possible to lock a husband out of a house, however, California law holds certain requirements to do so. Here are 3 ways to legally kick your husband out of the house.
There are a few different ways to legally kick your husband out of the house. Emergency dwelling exclusion orders, noticed-motion kick-out orders, and deferred-sale of a home order are 3 ways to legally kick a spouse out of the house in California.
What is an emergency dwelling exclusion order?
What is California Family Code 6321?
The California Family Code 6321 grants courts the authority to issue dwelling exclusion orders, or orders issued for the purpose of removing a spouse from a home. These orders are colloquially termed “kick out” orders because they essentially work to legally kick a party out of a shared residence. The court decides on whether to issue this order by evaluating the couple’s living circumstances. The court makes its decision by determining whether or not the presented application is brought on an ex parte, or emergency basis.
What does the court require to issue this order in California?
The California Family Code 6321 requires that the individual seeking a dwelling exclusion order presents certain information to the court. This information includes:
- Facts or evidence demonstrating that the spouse residing in the home has the legal right to remain in the home.
- Information demonstrating that the spouse who will not remain in the home has either assaulted or threatened to assault the other spouse or another individual. For the purposes of the court, another individual would refer to someone under the custody or control of the other spouse, such as a minor child of one or both of the spouses.
- Information demonstrating that the other party, the individual cared for or controlled by the other party or the minor child of the parties, would be harmed physically or emotionally if the spouse is not removed.
Related: Domestic Violence Restraining Orders in California
What is a noticed-motion kick-out order?
The California Family Code 6340 permits courts the authority to issue what is referred to as a noticed-motion kick-out order, or an order that similar to Family Code 6321. A noticed-moton kick-out order is issued for the purpose of removing a spouse from a home. This order differs from Family Code 6321 in that it is less stringent and is filed on a non-emergency basis. Courts issue Family Code 6340 if the filing spouse can demonstrate that physical or emotional harm is imminent if the spouse in question is not removed from the home.
What is a deferred sale of a home order?
As maintained by California Family Code Section 3800-3810, a deferred sale of a home order works to temporarily delay the sale of one’s home while allowing a child’s custodial parent to maintain his or her residence there. Therefore, this order a) allows a spouse to continue living in their home while b) kicking the other spouse out of it. The purpose behind this order is to minimize any negative consequences of a divorce that could affect a minor child or children.
Related: Understanding Divorce with Children in California
A deferred sale of a home order aims to reduce any stress or conflicts that a minor child could encounter during the divorce process. Therefore, although this order does allow a custodial parent to keep their home, this order is only temporarily implemented. In order to decide on the length of this order as well as if it should be issued in the first place, courts evaluate two major factors.
First, courts evaluate financial factors when deciding on whether to defer the sale of a home. This includes checking to see if the spouse requesting to keep the property has the means necessary to maintain it. Moreover, the court will want to ensure that the parent is able to financially upkeep the property’s mortgage, insurance, and taxes. Essentially, the court evaluates whether the deferred sale of the home is financially feasible for the custodial parent. Thus, the court will request facts about the spouse’s income, spousal and child support, and any other funds that might assist the parent in making necessary payments.
Next, if the court determines that the custodial parent is able to financially afford the home and all of its expenses, the court will evaluate whether the deferred sale is in the child’s best interests. The court wants to ensure that the deferred sale order will make the process of divorce easier on the minor child. To make this determination the court assesses ten factors that relate to the child. Some of these factors include the duration in which the child has lived in the home, the age of the child, and the location of the house (in relation to the child’s school).
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