Can I legally have my wife put out of our home?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I legally have my wife put out of our home?
We have been married 19-1/2 years. She has a history of emotional and stress related behavior and events. The past couple of years they have occurred more frequent and become more volatile. It has become uncomfortable for our 19 year old son and me. She refuses to get medical attention or counseling.
Asked on May 16, 2017 under Family Law, Indiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Unless you have a legal separation agreement in effect or a final decree of divorce that stipultes who has the right to posses the home, it remains the "joint marital residence". This is true no matter whose name the deed/lease is in. Accordingly, you both have the legal right to occupy it. If, however, your wife's behavior has put you and/or son in fear for your safety, you may be able to obtain an order of protection and have her removed.
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 AttorneyPages.com 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.