Dallas, TX asked in Civil Litigation and Family Law for California

Q: My husband trashed the house and left to Oregon can I charge him for making it livable again?

My husband and wiped his hands of me. He moved on but I got stuck in his moms house. He trashed it and it is infested with flies mice, maggots, and ants. The atrium backed up and was leaking in the garage and it took him a week to address it. I have a garage full of trash and the house smells like urine and cigarettes. Despite my cleaning efforts the smell comes back every 3 days. So much I had to use what money I had to fly my aunt home. I ask his lawyer and I asked him but they ignore me.

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1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: I'm sorry to hear about your difficult situation. Under California law, you may have a few potential legal options to seek compensation from your husband for the damage to the property:

1. Property damage claim: You could file a civil lawsuit against your husband for the cost of cleaning, repairing, and restoring the house to a livable condition. You would need to provide evidence of the damage and the expenses incurred.

2. Divorce proceedings: If you are planning to file for divorce, you can include the property damage as part of the divorce settlement. The court may consider the damage when dividing assets and debts between you and your husband.

3. Restraining order: If your husband's actions constitute domestic violence, you may be able to obtain a restraining order that includes provisions for him to pay for the damage he caused.

It is essential to consult with a local family law attorney who can review your case's specific details and advise you on the best course of action. They can help you gather evidence, file the appropriate legal documents, and represent your interests in court if necessary.

Additionally, if the living conditions are unsafe, you might consider contacting local health authorities or adult protective services for assistance in addressing the immediate health and safety concerns.

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