Vallejo, CA asked in Divorce, Family Law, Child Custody and Child Support for California

Q: I am trying to figure out if moving out of my home with my kids is the next step for me.

We have a living in a home for 10 years that both my spouse and I have paid and made payments on. However due to marital stress for the last couple of months he has been making the payments and has slowly taken me off the utilities account and other accounts. He has also called our creditors and lied hat I'm refusing to pay which is why he wants to remove me from the account. Does this increase his ownership right in the property?

If I choose to move out can I not come back in in the house?

What steps should I take before moving out to ensure my right to the property?

Can I legally take the kids with me?

If I want him to pay child support do I need to file separation paperwork?

If I change my mind about living outside of the house and want to come back in do I lose the right to do that?

Do I have the right to take whatever furniture I might need in my new place from our current home?

I am sorry for so many questions, but these are the things going through

1 Lawyer Answer
Tobie B. Waxman
Tobie B. Waxman
  • Divorce Lawyer
  • Culver City, CA
  • Licensed in California

A: You should consult with an attorney rather than seeking response to all of these questions here on this website. With respect to the property - a house purchased during the marriage is community property. Doesn't matter who has been making the mortgage payments or whose name is on the deed/title. Once you are separated, he may get credit for any mortgage payments made after the date of separation

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