What to Do When a Spouse Refuses to Move Out During a Divorce in Los Angeles

When a couple decides to divorce, determining who should move out of the marital home can be challenging. If the couple disagrees, the situation can become heated. Under these circumstances, living under the same roof can become unbearable.In California, community property laws give both parties an equal interest in all the assets acquired during the marriage, including the family home in many cases. So, what options do you have if your spouse refuses to move out during a divorce in Los Angeles?

What Would a Spouse Refuse to Move Out of the Marital Home During a Divorce?

A spouse may refuse to move out of the marital home during a divorce for many reasons, including:

  • A spouse believes they need to stay in the home to protect their interest.
  • One of the spouses refuses to acknowledge that the relationship has ended.
  • A spouse cannot afford to move out without financial assistance.
  • A spouse wants to aggravate or get revenge on the other spouse.
  • Refusing to leave the marital home may be part of a negotiating strategy for a divorce settlement.
  • A parent does not want to move out without their children.
  • A spouse has a strong sentimental attachment to the home.

 

It is important to note that leaving a marital residence does not automatically terminate property rights. For example, a spouse might need to leave to protect themselves or their children from domestic violence.

Can You Force Your Spouse to Move Out During a Divorce in California?

With very few exceptions, California’s community property laws give each spouse an equal interest in all property and income acquired during the marriage. Therefore, even if a home is titled in one spouse’s name, both spouses generally have an equal interest in the home, meaning that either would be legally entitled to continue living there.

However, California Family Code §6321 establishes grounds for a court to issue an ex parte order removing a spouse from the marital home. Ex parte orders are issued without the knowledge of the other party.

According to the law, a judge may issue an order requiring a spouse to leave:

  • The family home
  • The common dwelling of the parties
  • The home where the person who has custody, control, and care of a child lives
  • The other party’s dwelling

 

These orders are issued to protect a spouse and/or children from domestic violence. 

The law specifies the circumstances that justify removing a spouse from a home by an ex parte order. The requirements for an ex parte order requiring a spouse to leave the home are:

  • The spouse being removed from the home has threatened to assault or has assaulted their partner or another person the partner has care, custody, and control over; and
  • If the court fails to issue an ex parte order, the petitioner or child will be subject to emotional and/or physical harm.

 

After your spouse is served with the order, they must leave the home. If they refuse to leave, you should call the police. The police can remove your spouse from the home under the terms of the court order.

How Does California Divide Property in a Los Angeles Divorce Case?

Under California’s community property laws, marital assets are divided equally between the spouses. The first step is to determine the assets that make up the marital estate.

Separate assets are not subject to property division. Generally, separate property includes assets and income obtained before the marriage or inherited during the marriage unless the assets are subject to transmutation. Disputes regarding the property classification could result in a contested and litigated divorce.

We also examine pre-nuptial and post-nuptial agreements if they exist. Marital agreements may dictate how assets are divided during a divorce. If the agreement is legal and valid, its terms can override community property rules.

Spouses may negotiate a property settlement agreement in a divorce action. The agreement does not need to be 50-50 for the court to approve the terms. An experienced Los Angeles property division attorney can explain your rights and options.

Contact Our Los Angeles Divorce Lawyers for a Consultation

Contact Berenji & Associates Divorce Lawyers to schedule a consultation with a Los Angeles divorce lawyer. We will review your options and help you develop a strategy to protect your and your children’s best interests, give us a call at (310) 271-6290