Can I make my husband move out of the house even if his name is on the mortgage?

UPDATED: Sep 30, 2022

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Can I make my husband move out of the house even if his name is on the mortgage?

My husband and I are going to file for divorce and I am going to keep our house as he cannot afford it. However, he is not in a hurry to move out. Can I make him move out even though his name is on the mortgage?

Asked on May 8, 2016 under Family Law, Indiana


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

Answered 6 years ago | Contributor

Until a final decree of divorce has been granted or there is a formal separation agreemnt or other court order in effect addressing the issue of occupancy, the house is still considered to be the "joint marital resodence". This means that both of you have a right to live there, regardless of whose name that the mortgage is in (or title for that  matter).

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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