can i make my husband leave my house?

UPDATED: Sep 30, 2022

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can i make my husband leave my house?

I am wanting a divorce and my house is in my name only. My husband is refusing to leave. what I can I do? I am afraid for my safety but he has not hit me yet. How can I legally get him to leave?

Asked on August 22, 2016 under Family Law, New Mexico


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

Answered 6 years ago | Contributor

Typically, no matter whose name is on the deed, until a formal separation agreement is entered into or a final decree of divorce is issued, the house in which a married couple lives is still considered to be the "joint marital residence". This means that both the husband and the wife have equal rights to stay there. That having been said, if one of the occupants has put the other in fear for their safety, then the victimized spouse can go to court to request an order of protection, etc. If one is issued, then the offending spouse can be made to leave the home. At this point, you should consult directly with a divorce attorney in your area who can then best further advise you.

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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