enduser101
Junior Member
What is the name of your state (only U.S. law)? California
Here is the situation. My wife moved out of our home about 6 months ago on her own. We bought the home together and she currently is leasing a town home. I have since been living in the home and would like to keep the home if possible. She said before that she was fed up with it and wanted nothing to do with it. Well recently she changed her mind and asked that I move out. I declined which did not make her happy and she said, in a nutshell, that I had better not ever leave the home or she will come in and throw all of my belongings out and move her stuff in and, according to her lawyer, will keep me out legally. We have not yet filed for divorce only because she has filed for bankruptcy and asked that we wait until she completes that before filing for divorce. I was willing to wait but now may need to file to protect myself if that is possible. Looking at the forums it seems as though she has the right to enter the home, not sure if this applies in CA specifically or not. My question is whether or not their is anything that I can do to protect myself from her coming in and removing my personal possessions and/or keep her from entering the house at all. I am assuming that if what she told me is correct that her lawyer said once she moves in she can keep me out legally then obviously their must be a way for me to keep her out seeing as how I currently reside in the home and she willfully left. Unless of course she is lying or misinformed. I have already had to cancel a trip I had planned this month and have another short trip planned in May that I may have to cancel as well due to this.
Thank you in advance for any help/guidance.
Here is the situation. My wife moved out of our home about 6 months ago on her own. We bought the home together and she currently is leasing a town home. I have since been living in the home and would like to keep the home if possible. She said before that she was fed up with it and wanted nothing to do with it. Well recently she changed her mind and asked that I move out. I declined which did not make her happy and she said, in a nutshell, that I had better not ever leave the home or she will come in and throw all of my belongings out and move her stuff in and, according to her lawyer, will keep me out legally. We have not yet filed for divorce only because she has filed for bankruptcy and asked that we wait until she completes that before filing for divorce. I was willing to wait but now may need to file to protect myself if that is possible. Looking at the forums it seems as though she has the right to enter the home, not sure if this applies in CA specifically or not. My question is whether or not their is anything that I can do to protect myself from her coming in and removing my personal possessions and/or keep her from entering the house at all. I am assuming that if what she told me is correct that her lawyer said once she moves in she can keep me out legally then obviously their must be a way for me to keep her out seeing as how I currently reside in the home and she willfully left. Unless of course she is lying or misinformed. I have already had to cancel a trip I had planned this month and have another short trip planned in May that I may have to cancel as well due to this.
Thank you in advance for any help/guidance.
