Spouses undergoing divorce proceedings face the challenging decision on which spouse remains in the marital home and the eviction of one spouse may be the end result. The process of evicting a spouse before the divorce can be challenging, especially if you both share ownership of the marital home. For spouses living in California it is important to follow the proper procedures as pertains to the California laws, when determining which spouse remains in the marital home.
Sit down with your spouse and calmly ask him to move out of the house. It is important to determine the interests of the child when discussing which spouse will move out of the marital home. Reaching an amicable decision prevents additional court proceedings on the issue.
File for an order of exclusive occupancy in a court. It is important to first seek the services of a lawyer based in California to advice you on the proper procedure. Notify your spouse of this petition.
Attend the hearing of your petition in the respective California court. Present supporting evidence on why the court should grant you exclusive occupancy. Factors taken into consideration by the court include; the interests of your children, financial resources of both you and your spouse and wisdom of one party occupancy of the marital home.
File for an order for protection. This is advisable if there is evidence of domestic violence in your marriage and the continued presence of your spouse in your home, places a risk on your personal safety or your children's.
File a pre-trial motion for pendete lite exclusive occupancy which will enable the court to grant you occupancy of the premises, with sufficient evidence of domestic abuse. This includes; the order of protection, evidence of violent threats, proof of previous intervention by the police or neighbors and medical evidence of abuse if available. If your evidence is satisfactory, the court will evict your spouse without any prior notice.
Inform your spouse of the court's decision. Enlist the services of the Sheriff to issue the eviction notice to your spouse and physically remove him from the premises if necessary.
- It is advisable to file for a restraining order if you feel your spouse poses a danger to your safety or your children's safety after the eviction. You may change the locks to further ensure your safety.