In California, if one spouse, ‘the petitioner‘, files for Divorce, does the other spouse, ‘the respondent‘, have to leave the communal home? The simple answer is ‘NO‘. The ‘respondent’ has a choice:
- to voluntarily leave the home
- to stay in the home
- to file a restraining order if there is abuse or threatening behavior; this can force the abusing spouse out of the home
It is important to note that ‘abandonment‘ or leaving the communal home will not impact the division of assets. It does determine who has temporary rights to the home.
Leaving the home may influence the custody and visitation of children. This would be dependent on whether the children leave the home with the parent or the parent leaves the children behind.
Our Divorce Lawyers will discuss your legal rights with regard to the communal home. In some cases the petitioner may want the respondent to leave and this is disputed. In other cases, the respondent may want to leave but has questions about children. Likewise, both parties may be in agreement as to who will live in the home and how they will proceed while the Divorce is in progress. Our Lawyers explain the consequences of both staying in the home or leaving.
For more answers to your questions about Divorce and community property, please call L.A.W. –THE LAW FIRM THAT OFFERS LOW FLAT FEES–@ 1-800-HELP-444 (1-800-435-7444) or visit our website www.LegalActionWorkshopLAW.com .