can my wife kick me out of the house.....

[fitfunandfree]

In calif. can my wife kick me out of the house .I have never abused ,threatend,or cheated on her. She makes most of the money,and I raise are child.

[mistoffolees]

In calif. can my wife kick me out of the house .I have never abused ,threatend,or cheated on her. She makes most of the money,and I raise are child.

No.

She can, however, ask the court for temporary possession of the house. She may or may not get it. Meanwhile, you need to work on being able to support yourself.

[LdiJ]

No.

She can, however, ask the court for temporary possession of the house. She may or may not get it. Meanwhile, you need to work on being able to support yourself.

I think its closer to she would get it if she can make the mortgage payment, and he cannot.

I agree that the bottom line is that you are going to have to get a job to support yourself...and its time to start looking.

[mistoffolees]

I think its closer to she would get it if she can make the mortgage payment, and he cannot.

Since we're talking about temporary possession and since OP is the primary caregiver for the child, it's not so clear- particularly in CA which has rules that are fairly favorable to the lower income spouse.

OP needs to see an attorney to discuss options.

[nextwife]

Why did nobody ask if it was a long term marriage and state he'd then also likely be entitled to spousal support?

[mistoffolees]

Why did nobody ask if it was a long term marriage and state he'd then also likely be entitled to spousal support?

Because he's in CA - and will be entitled to some level of spousal support even in a short term marriage, so there's no need to ask how long the marriage was - at least as it relates to his original question.


We don't know enough specifics to give any advice further than the above. One of them will have to ask the court for temporary possession of the house. Who gets temporary possession will depend on income, support, and a host of other factors.

Until then, she can't kick him out.

[Bali Hai]

Why did nobody ask if it was a long term marriage and state he'd then also likely be entitled to spousal support?

Because women hate paying spousal support, it just goes against our "traditional" values.