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Get Your Dog and Daughters Out of My House! Pam Anderson Update

Pam Anderson’s divorce is getting ugly. She wants Rick, his kids, and the dog out….STAT. However, according to California divorce law this might not be as easy as she thinks.

According to an article by TMZ, Pam Anderson has demanded that husband Rick Salomon get is daughters, Hunter and Tyson (16 and 18) and his dog, Bumblebee out of her house immediately. The TMZ source reported that when Rick begged Pam to give them a week or 2 to find a new place she refused.

So what does California law saw about Pam’s demand?

According to California family law, so long as they have lived at Pam’s place prior to the break up, Rick and his daughters are considered to be tenants. Further, because Pam and Rick are married, the home is considered to be the marital residence. You can’t just kick your husband to the curb and force him to move out—without a court order. If Pam wants Rick and his kids out of the house, and he won’t agree to move, out then she is going to have to take legal action. In the context of her divorce case her legal option is to request an order for “exclusive use and possession” of the marital residence.

When an order requesting exclusive use and possession of a martial residence is requested, the divorce court judge will determine which spouse should remain in the martial residence according to the particular circumstances of the case. What will most likely be most relevant to a determination in Pam Anderson’s case is whether Pam owns the house as her separate property. If this is the case, and Rick is able financially to get a place of his own, then Pam will most likely prevail here. In a traditional divorce case wherein the parties co-own the marital residence relevant factors that the Court may look at are: which party can afford to pay the mortgage; which party has primary custody of the children of the marriage; whether or not there has been domestic violence, etc…

The Encinitas Divorce lawyers at Griffith, Young & Lass practice exclusively in the area of family and divorce law. If you are in the midst of a divorce issue and live in the San Diego area we can help you work through the many issues involved in your case. Call now for a free consultation with an experience San Diego divorce attorney. 858-345-1720

For more on property rights during a divorce check out our Divorce FAQ’s

 

Meet Your Dedicated San Diego Family Attorneys
Family Attorney John N. Griffith, CFLS
Family Attorney John N. Griffith, CFLS

Family Attorney, John N. Griffith, CFLS

John Griffith has practiced exclusively in the area of family law since 2009. John is a Certified Family Law Specialist certified as an expert in the area of family law by the California Board of Legal Specialization.

858-345-1720
john@gylfamilylaw.com

Family Attorney, Catie E. Young, ESQ.
Family Attorney, Catie E. Young, ESQ.

Family Attorney, Catie E. Young, ESQ.

San Diego family lawyer Catie Young has a wide range of litigation experience. She has worked in civil litigation. She has successfully represented clients in many areas of family law including child support, child custody, divorce and domestic violence. She has a unique approach to each child custody case, so clients of Griffith, Young & Lass tend to gravitate toward her in these cases.

858-345-1720
catie@gylfamilylaw.com

Family Attorney Amy J. Lass, Esq.
Family Attorney Amy J. Lass, Esq.

Family Attorney, Amy J. Lass, Esq.

Amy Lass was born in New York and raised in San Diego, California. Amy graduated from Cal Poly, San Luis Obispo in 2003 with a B.S. in Economics with a concentration in Enterprise Accounting and went on to earn her law degree from Thomas Jefferson School of Law and graduated cum laude in 2006. Amy takes a practical and cost considerate approach to the process while striving to balance the emotional needs and objectives of her clients.

858-345-1720
amy@gylfamilylaw.com

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The Typical Divorce Process in California
Discovery of Assets & Obligations (1-3 months)
1 Complaint for Divorce Filed Start of litigation
2 Complaint is Served Varies, but usually shortly after the complaint is filed
3 Answer to Complaint Due 30 days from the date of service
4 Mediation Anytime, but usually after initial discovery
5 Temporary Hearing Usually early in the process
6 Late Case Evaluation / Judicial Hosted Settlement Conference Usually near the end of the case
7 Trial (If Needed) The goal is to settle, but if your case goes to trial, it could take months after the start of litigation.
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I am beyond grateful for the entire staff at Griffith, Young, and Lass. I don't even call myself a client anymore, they are my friends that protected my family and fought with me, side by side.-Erik H., San Diego