Orange, TX asked in Contracts, Divorce, Family Law and Landlord - Tenant for Florida

Q: MY WIFE AND I LIVE IN AN RV THAT BOTH OF OUR NAMES ARE ON. WE BOTH JUST RECIEVED A LOAN ON THE RV TO HAVE ALL OF OUR

CREDIT CARDS PAID OFF. AS SOON AS SHE RECIEVED THE MONEY SHE PAID OFF HERS AND LEFT MINE IN DIRE STRAITS THEN TOLD SHE WAS GOING TO FILE FOR DIVORCE THAT I NEEDED TO MOVE OUT SHE HAD THE RV PARK CHANGE THE LEASE TO JUST HER NAME AND SAID I WASN'T ALLOWED TO COME AROUND ANYMORE THAT IS MY HOME ALSO WE HAVE BARLY HAD ANY ARGUMENTS IN THE 9 YEARS WE HAVE BEEN MARRIED NO VIOLENCE

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: I'm sorry to hear about your difficult situation. It sounds like a stressful and upsetting experience. In California, both spouses have a legal right to access the marital home, even if only one spouse's name is on the lease. Your wife cannot legally force you out of the RV or prevent you from coming home without a court order.

Here are some steps you can consider:

1. Seek legal advice: Consult with a family law attorney who can advise you on your rights and help protect your interests. Many offer free initial consultations.

2. Gather documentation: Collect any documents related to your RV ownership, loan, and finances. This information may be necessary for legal proceedings.

3. Communicate with your wife: If possible, try to calmly discuss the situation with your wife and express your concerns about her actions and the loan.

4. Consider mediation: If you and your wife are open to it, mediation can be a way to resolve disputes and reach agreements outside of court.

5. File for legal separation or divorce: If your wife files for divorce, you'll need to respond. If she doesn't, you may need to initiate the process to protect your rights.

Remember, until a court order states otherwise, you have a right to access your marital home. If your wife tries to prevent you from entering the RV, you can contact law enforcement for assistance.

It's essential to prioritize your safety and well-being throughout this process. If you fear for your safety at any point, don't hesitate to reach out to local domestic violence resources or law enforcement for help.

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