As a mother, can I force my husband to leave the house we own together

[Sarah]

My husband and I are divorcing. He has not pulled his weight financially and emotionally for a long time. In the past year he has been out of work 7 mths. In December he quit his job (without discussing it with me) and has not found a job. Since he has no unemployment coming in, I have been supporting the household, paying his truck payment and primarily caring for our 8 mth old daughter. In addition to him not working, there are a lot of other issues... We live in California. My questions: Can I force him to move out? Do we have to be legally separated first or divorced? Can I keep the house, even if I eventually pay him his portion of the equity? I am not concerned about things like child support or custody right now. He is actually a pretty good father, just a sorry husband.

Also, if anyone knows the actual laws or where I should start looking, I would appreciate it.

Thank you for any advice you can give.

[olive]

You normally cannot force him to leave.

You have to file for divorce and then ask the court to order that-- so you two may finish the divorce and divide up your assets and debts.

[tbyte]

Originally Posted by Sarah

My husband and I are divorcing. He has not pulled his weight financially and emotionally for a long time. In the past year he has been out of work 7 mths. In December he quit his job (without discussing it with me) and has not found a job. Since he has no unemployment coming in, I have been supporting the household, paying his truck payment and primarily caring for our 8 mth old daughter. In addition to him not working, there are a lot of other issues... We live in California. My questions: Can I force him to move out?

Hmmm....interesting. So, do you think that if a man is the principle earner in a home where a mother is not working, and the two get divorced, he should be able to kick her out of the house?
Sometimes, the double-standards on these forums just smack you in the face...

I totally agree, if he was a "house-husband", but he isn't. He does not do the majority of the housekeeping, the errands or is he the main care provider for our daughter. This was a planned pregnancy and we had no prior agreement that we would be able to have one stay-at-home parent, nor can we afford it. We now have not had medical insurance for 4 mths other than for our daughter because I can not make enough money to pay the house payment, all of the utilities, fill the refrigerator and keep our debts paid so our credit does not go into the toilet during this time and pay the $780 insurance premium. I supose I should have gotten into more detail about our marital problems, such as him being a rager, and lying about everything from his past to idiotic daily stuff or whatever would justify my reasons for wanting him to leave, but I kept it to the basics. Next time you decide to slam someone, you may want to get your facts first.

If anyone else happens to know the laws in California, I would really appreciate additional advice.

Thank you for your advice. Is that what is called a "legal separation"?

[tbyte]

Originally Posted by Unregistered

I supose I should have gotten into more detail about our marital problems, such as him being a rager, and lying about everything from his past to idiotic daily stuff or whatever would justify my reasons for wanting him to leave, but I kept it to the basics. Next time you decide to slam someone, you may want to get your facts first.

Sigh. Thanks, but I've heard those facts before (please, just pick any random post on the forum), and they are totally irrelevant. If everything was peachy between you, I doubt that you would be divorcing. I'm sure he has nothing but positive things to say about you.
Maybe I would care more if the courts cared more, but fact is, they don't. Marital property is split 50/50, and the courts are not interested in how it was acquired, or at least they shouldn't be.