Can my spouse kick me out over an argument if I'm not on the lease? 2 Answers as of October 05, 2017

We're not married but we've been together for 25 years. Each time we have a discussion that turns into argument, she always kicks me out and threatens to call the police because I'm on probation. Can she legally do that? And can police make me leave?

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Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
If you are peacefully occupying the family home, then there's no justification to be removed. However, if there is a threat that you're committing domestic violence you should reevaluate the risks of staying in the home. Please meet with an experienced family law attorney to explore your options.
Answer Applies to: California
Replied: 10/5/2017
Law Offices of George H. Shers | George H. Shers
If you pay any portion of the rent, then you could be considered a some lessee of hers so that she has to give you a 60 day notice and then sue for unlawful detainer and eviction. You might be able to make the same argument if you continuously pay for anything that also benefits her, such as the utilities, food, etc. Normally, the police will say it is a family dispute and not get involved. If she accused you of hitting her or threatening her with a weapon, they will come and may arrest you. Instead of having these fights all the time, go to family counseling o decide that the relationship is no longer worth it and leave. Your are not just having the type of arguments married couple have, there is a great of bitterness.
Answer Applies to: California
Replied: 10/4/2017
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