My wife left me, what can I do to protect myself? 9 Answers as of June 14, 2013

What can I do to protect myself ,and can I lock up the house so she can't get in while I'm at work? If I get a divorce do I have to pay alimony? What does the law say? I have been married for 13 yrs, she left me at the house we live in. She's been gone for four days, she hasn't answered my calls.

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Interview experienced Family Law Attorneys, and retain one without delay to represent you, advise you, and protect you.
Answer Applies to: California
Replied: 6/14/2013
Law Offices of Frances Headley | Frances Headley
If the house is jointly owned then you can not keep her out without a court order. If you are sure that your marriage is over then you should file for dissolution and an order of the court granting you the exclusive use of the home while the dissolution action is pending.
Answer Applies to: California
Replied: 6/25/2012
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
You are both entitled to access to your home until you get a court order granting you exclusive access. Secure your financial records and accounts to prevent concealment or unaccounted activity. File and serve your divorce petition with a motion asking for exclusive use of the home.
Answer Applies to: California
Replied: 6/25/2012
The Law Office of Erin Farley
The Law Office of Erin Farley | Erin Farley
There is not enough information here to give you any kind of answer. Your best bet is to spend an hour with an attorney and learn your rights and options.
Answer Applies to: California
Replied: 6/25/2012
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
You have the right to change the locks of your house. This is your house and you can change the locks. She can go to court and ask that you allow her to move back in. You both have the right to access of the home at this time until the court makes an order.
Answer Applies to: California
Replied: 6/25/2012
    Steven Alpers | Steven Alpers
    You should probably file for divorce. You cannot lock her out. Even if she isn't a part owner she is entitled to get her property it would be better if she comes when you are not at home so there is not a confrontation between the two of you . She is entitled to half the value of the house if it was bought during marriage with community property and half of the community property inside the house. Often it avoids violent confrontations to let her come in while you are gone. You may have to pay what is commonly called alimony, in California it is called spousal support). Since you have over a 10 year marriage that support can last her life time unless she remarries. It is to help her establish herself and if she is disabled the state wants you to support her instead of the tax payers.
    Answer Applies to: California
    Replied: 6/25/2012
    Law Offices of Tobie B. Waxman
    Law Offices of Tobie B. Waxman | Tobie B. Waxman
    Whether you would be ordered to pay alimony depends on your respective earnings and the lifestyle you had as a couple during the marriage. Your question does not provide enough information to be able to answer that question more specifically. When you ask about protecting yourself - from what? Why do you want to prevent her from getting into the house while you are at work? If you fear for your safety, you should seek legal assistance with getting a restraining order.
    Answer Applies to: California
    Replied: 6/25/2012
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    No, you can't lock her out. As for paying "alimony," called spousal support in CA, no one can answer that question without more info. Best to call a local family law lawyer to learn more about your rights and the divorce process.
    Answer Applies to: California
    Replied: 6/25/2012
    Attorney At Law | Harry D. Roth
    The house does not automatically become yours if your wife leaves. Unless there is reason to believe that she will do damage to the house (a real reason, not just wild speculation about what she might do), she can come and go as she wishes. It's her house, too and she is an adult. If you want the court to order that she cannot come back into the house when you are away or otherwise, you have to start the divorce and schedule a court date asking for "temporary exclusive possession". If you get that temporary exclusive possession it will probably be on condition that you make the payments and otherwise keep up the house. Alimony (the term in California is spousal support) is paid or received based on need and ability to pay, basically what is your income and what is her income.? It has nothing to do with gender.? It also has nothing to do with "fault".
    Answer Applies to: California
    Replied: 6/25/2012
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