Can my wife kick me out of our home and what if she lies to the police and says I’m abusive to her? 2 Answers as of January 10, 2017

She is trying to get me out of our home, using every tactic possible, being nasty, rude, smart ass, etc. She has threatened lying to the police saying I'm abusing her to get me out. What can I do?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
You need to proceed very carefully. This is a situation that can go from bad to worse very quickly. The best thing that you should do is to retain the services of an experienced family law attorney and go to court and get orders pertaining to how the spouses should conduct themselves when they co-occupy the family home until such time you live separate and apart.
Answer Applies to: California
Replied: 1/10/2017
Law Offices of Julie A. Ringquist | Julie A. Ringquist
If you both reside at the same residence, either one of you can arbitrarily evict the other. However, if there is any violence, the police and/or court may remove whoever is determined to be the aggressor from the home and now allow that person back. Also, if there is any possibility of violence or false accusations of violence, you would likely be better off removing yourself from the situation before such an arrest happens. Make sure you are not alone with her, make sure witnesses (other than children) are around. You will need to weigh your options, your finances, your ability to see your children (if any) before making a decision. You will likely need an attorney to help you, so that you get a fair deal in your divorce (who lives at the home, who makes the payments, custodial schedule for the children, child support, spousal support, division of all assets and debts (credit cards, bank accounts, household furnishings, cars, etc)). All of these issues need to be decided fairly through the courts, unless you both can come to legal written agreements, filed on your case at the court.
Answer Applies to: California
Replied: 1/10/2017
Click to View More Answers: