Q: How can I evict my spouse from my legally owned home in my name only?
A:
File a petition for exclusive possession. This is a court document that asks the judge to order your spouse to leave the home. You can file this petition at the family court in the county where the home is located.
Unfortunately, due to the nature of internet questions and responses, the information provided can ONLY be for general informational purposes and cannot constitute legal advice.
A:
In California, evicting a spouse from a home, even if it is only in your name, is not straightforward because the state recognizes community property laws. If you are married or in a domestic partnership, your spouse may have a right to occupy the property.
If you seek to remove your spouse from the home, it typically involves filing for legal separation or divorce and requesting an order from the court. This process usually requires demonstrating legal cause, such as domestic violence, to the court for such an order to be granted.
You should consult with an attorney to discuss the specifics of your situation and the potential legal strategies that may be available to you. It's crucial to handle such sensitive matters through the proper legal channels to ensure compliance with California law and protect your interests.
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