Stay-at-Home Mom wants to keep rental home

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LegallyLostInCA

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I am a stay at home mother who lives off her husbands income. We have two small children one of which has started elementary school. I want to file for divorce but am afraid of giving up our rental home which is two blocks from son's school. I don't have the best credit and without employment/income would be unable to find a new rental home in this neighborhood. Can I legally have my husband removed from our lease in the event of a divorce? He can afford to go else where, I could not. What is the likelyhood a judge would grant me such a wish? It would be in the best interests of the children from my point of view.
 
Since you do not own the home it seems unlikely you could evict him from it that is up to the landlord. You will somehow have to make the rental payments. Just an FYI, if you are contemplating a divorce, being a SAHM is probably no longer going to be an option for you. You might want to look into getting some employment. Any alinony you might get will be for a limited amount of time depending on how long you have been married.

Every county in CA has a family law facilitator, you can call them or see an attorney.
 
Usually the judge lets the children stay in the home they are already in. If the mom is granted primary custody, she and the kids get the house. Make sure you have a lawyer. I got to stay in my rental house while I went through my divorce. I didn't even ask for it, the lawyer put it in the papers himself and the judge granted it because I had the primary custody.
 
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