Can you move out during divorce in California? In California, property acquired while married is community property. This includes a shared family home. Typically, if the house belongs to both spouses and you cannot force your spouse to leave the family home during divorce except under very limited special circumstances.
Who has to leave the house in a divorce in California? In the state of California, under community property rules, this house belongs to both spouses in almost all cases. If the house was purchased or acquired during the course of the marriage, then both spouses have an ownership stake in the home. This is true even if only one spouse was working and paid for the house.
Do I lose rights if I leave the marital home? Forfeiting Any Property Rights
Even if he or she abandons the house, it may not apply to the relationship or domestic matters in the courts. In the standard case, the leaving of the house will not affect the rights and interest in the marital home.
What is considered marital abandonment in California? Abandonment is when one spouse leaves the marriage without any justification or consent of the other spouse, and with the intention of ending the marriage.