Can I force my husband to leave the home?

UPDATED: Nov 26, 2011

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Can I force my husband to leave the home?

I am the only one the deed.

Asked on November 26, 2011 under Family Law, Michigan


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The fact is that no matter whose name is on the deed, at this point your house is considered to be the "marital residence". Accordingly both parties have equal rights to possession and use. That having been said, that can change if: a final divorce decree is issued giving you sole possession; a legal separation agreement is executed and it gives you the exclusive use of the house; or some sort of temporary order is issued (e.g. protective or stay away order) which calls for your husband's removal from the premises.

At this point you consider consulting directly to a divorce attorney in your area. They can best explain your rights and responsibilities.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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