Can you kick your husband out if you both own the house?

[thacher]

My mom has finally decided to leave my abusive alcoholic drug using "father." She's tried in the past, he's gone to jail (and big surprise he always came back home), she's gotten a restraining order in the past (and had it lifted)... long story short, typical domestic violence story. The thing is, now she is ready to leave him.

Here's were I think there may be a problem. They both own the house, but are not married. It is my understanding CA does not recognize common law marriages, so there would be no "keeping the house in the divorce" seeing as they have never been married. Is there any way we can get him to leave without having to sell the house? I'm thinking/hoping that since there is evidence of abuse (my brother, sisters, neighbors and I could all testify), he has priors and there is a record of his abuse and all the times he's gone to jail for it, we can get a restraining order and he would be forced to leave.

Would that be enough? Or would he still have a right to fight for the house despite not being allowed to come near us? I realize there aren't any lawyers on here but any advice would be greatly appreciated.

[ruelle]

I'd say your best bet is a restraining order of some sort for the short term, however that won't mean the house is yours. In all likelihood, you will have to sell the house and give him half.
If his name is on the deed, you can't legally kick him out.
Probably best to go and get legal advice from a solicitor.

Also make sure your mom is actually serious about leaving him this time or it will be a waste of time, money and people will stop taking her seriously when she asks for help about this sort of thing.

[delron]

Since they both own the house, they both have a right to their property. If she really wants to leave him, she should just pack up her things and move to her own place, and then get a restraining order. That way she can start fresh without all the trouble and process that might not even work anyways.

Good Luck!

[croslea]

If they own the house equally there is no way she can legally kick him out regardless of his past transgressions. It may take a lawyer to draw up a contract where one party agrees to give up ownership which would shift the burden of paying the mortgage (if there is one) and upkeep to the party keeping the house. That is what goes on in my state when 2 people (regardless of marital status or gender) own a property jointly. This is from my lawyer brother, but he does not practice law in California. He suggests consulting with an attorney just to get the information you asked here.

[dubh35]

If his name is on the deed then he has every legal right to split the profit from the sale of the house.

[mohammed47]

If she got a restraining order against him, then he would be removed from the residence, she should take this matter to court and take care of herself.