Question: How can I kick my wife or husband out of the house in California?
Answer: California family law requires a showing of assault or threatened assault if the request is made on an emergency basis or the potential for physical or emotional harm if the request is made on a non-emergency basis.
A divorce may be inevitable. Living with your spouse may be unbearable. But how can you kick your spouse (wife or husband) out of the house and do so legally?
In California family law cases, these “kick out” requests (called residency or dwelling exclusions) are granted if the spouse who seeks it meets certain minimum requirements. What are these requirements to kick out your husband or wife? That partly depends on whether you want the order on an emergency basis or not.
Let’s take a look at California law. This article isn’t legal advice about your specific case or facts. For legal advice and your questions about your situation, please consult with an experienced family law attorney. [Read more…]