California: my husband and I have been married for just under 4 years. When we married, we both made the same amount of money. Since then, he became disabled, and at times unemployed or under-employed. While under-employed, my pay is what helped us survive until he got a settlement for his workers-compensation case. That got us back on our feet. There was a short period of time that he was unemployed and we pulled just what we needed out of the savings with the WC funds and basically lived off of my income. The savings was in a joint savings account with a savings bank. We're now ready to divorce and he has taken all of the money out of that account, leaving absolutely nothing in it. This all comes right after I paid the $3,000 rental payment for the month. So he has enough to live on for over a year and I am left with nothing but all of the bills in my name and my income. He says he will move out (and leave me to fulfill the one-year lease at $3,000 a month) but I have a feeling he is in no hurry to do so. Meanwhile, he leaves nasty notes and messages throughout the house, has broken the home phone and my cellphone, and drawn crude pictures on my property.
We owe the State and the IRS alot of money that gets paid in monthly installments and he says I will be left with those payments as well. It is my name on the utilities and the car insurance, etc.
What rights do I have? He has all of the savings that would allow him to move out and also to file for the divorce but wants me to pay for everything because I earn more than he does. I would rather keep the house and at least stay for the balance of the lease since I know he cannot afford the rent on his income alone. He makes only about 1/5th of what I make...I want him to pay his fair share while he is living there but he has refused. I can't make him leave, can I? I need help - he can afford a good attorney with our savings - I can't.