rights by possession?

[amazonstarj]

Hi I have subscribed a few questions in the past and have legal counsel established but it is after hours now. I was hoping that someone might answer this question. I am in Calif. and we have filed petitions and motions for divorce but my husband refuses to move out of the house. I understand there is no recourse here and his refusl is jsut to annoy me...it has nothing to do with being there for our children. My question is, can I change the locked to the house while he is away next week with his new girlfreind so he will no longer have access to the house until everything is finalized. Our hearing is not until May 20, 2002 and I fear that his emotional abuse to me will accellerate towards me and will also take place in front of the children of whom I am trying to protect.

 

[tigger22472]

If I understand this right the actual divorce has been filed already. Might not be the actual real moral way to do it however if he simply REFUSES to move from the house you can file for a restraining order. There are special provisions made so he can still see the children. He will be served and can be removed and then if he doesn't get his things he can sign or a writ of assistance where the police will accompany him to get his things from the home. Here's my suggestion, get the key when he leaves. My ex did this, the police came to my work expecting me to just hand over the key to my house. I left work to make sure nothing was taken that shouldn't have been.