Can my husband kick me out of the house if we are both on the deed?
Full Question:
My husband and I are married and both on the title to our house of 7 years. When we talk about splitting up, divorce he tells me he will kick me out of the house and if I don't go he will throw me out. Who legally can stay in the house.
04/27/2009 |
Category: Divorce ยป Property Set... |
State: ALL |
#16147
Answer:
A spouse has a right to reside in the marital residence unless there is a court order otherwise. Sometimes when a divorce action is filed, one party will ask for exclusive possession of the marital residence to be awarded pending the distribution of assets in the divorce decree. In some cases, a party will ask for a restraining order to prevent another spouse from entering the premises. Typically, a threat of harm needs to be shown before the court will grant a restraining order. However, without a court order, a spouse may not lock another co-owner spouse out of the home when the other spouse hasn't already abandoned the premises.