Getting kicked out

[marry]

Hello, right now I'm in a very complicated situation and don't know where or how to get help. I am currently living with my husband and four kids. My husband has been threatening me to kick me out of the house, the house is under his name and we got it couple years after our marriage. The house is under my husbands name and he does have a record for domestic violence because we had a fight a few years back. I left with my kids but he convinced me that he changed and wont do anything like that again, after a few months go by everything was back to normal until his old habits started again with emotional abuse, threatening, and his control over the whole family. I am unable to work, so financially I don't have much as of right now. He is threatening me and my four kids to leave the house immediately. I cant find a place right away and don't know what options I have. I live in the state of California and would really like to get some help or advice.

 

[mightymoose]

Reality check- the house belongs to both of you. He can't force you out.
If he is unhappy he is free to leave at any time, but you don't have to go because he says so.
If he continues with legitimate threats to your safety consider getting a restraining order and he can be compelled to move out. Keep police informed of any domestic violence.
He is much easier to remove from the house than you and the kids are.

 

[shrinkmaster]

Have you called any of the women's shelters? Where I agree he cant throw you out without an eviction at very least its not safe for you and children to remain.

 

[mightymoose]

He can't even evict her. It is her home too!

If it isn't safe have him removed with a protective order and stay in your home!

 

[Proserpina]

If he gets creative, he can indeed have her removed from the house. An immediate divorce petition requesting exclusive use of the marital home pending a final decree isn't just possible, but common.

Of course that also means Mom can do the exact same thing

OP needs to remember though that community property generally creates community debt. If Mom can't afford the mortgage, the courts will be hesitant to award her the house.

I do have a question for OP though. How long is the marriage, and what kind of income are we talking about? $60k/year? $600k/year?

 

[army judge]

If he gets creative, he can indeed have her removed from the house. An immediate divorce petition requesting exclusive use of the marital home pending a final decree isn't just possible, but common.

Of course that also means Mom can do the exact same thing

OP needs to remember though that community property generally creates community debt. If Mom can't afford the mortgage, the courts will be hesitant to award her the house.

I do have a question for OP though. How long is the marriage, and what kind of income are we talking about? $60k/year? $600k/year?

Quite true, except, there's the issue if those pesky little ones.
Courts don't like to throw the mama bear and her cubs out of the family cave.

For the papa bear to hire a grizzly lawyer bear, he'll need lots more honey.

Unless he stashed some away in the cave for winter hibernation, the bees are just beginning to get busy.

Finally, papa bear is alleged to have battered mama bear, if that's true, the one that'll get tossed temporarily (and required to spend his honey to support his soon to be former honey) is papa bear.

But, what do I know?

I'm just an old, decrepit, recalcitrant, contrary, curmudgeon on the Internet.

I don't think we're talking a half a million bottles of honey annually, either.
If that were the case, mama bear would have hired an attorney that daddy bear's gonna pay for out of the marital honey.

I'm just gonna grin and BEAR it.
This BEARly touched on my BEAR jokes.
I'm gonna BEAR it all.
Have a BEARY good morning. LOL