Can my husband legally kick me out?

UPDATED: Sep 30, 2022

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Can my husband legally kick me out?

My husband and I have had serious issues. He has threatened to kick me out of our apartment. I want to know if legally I have to leave. He is the primary lease holder and I am added on the lease as a spouse. We had to set up our lease agreement like this because I am a full-time college student and he works full-time. So financially I wasn’t able to meet at it officially on the lease. However, I am at it as a spouse. Can you remove my name off the lease without any penalties? If so, since he is still my husband legally, do I still have to leave?

Asked on September 15, 2016 under Family Law, Tennessee


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

Answered 6 years ago | Contributor

Until a formal separation agreement has been entered into or a final decree of divorce has been issued which specifies which spouse has the right to possession, the home shared by spouses is still considered to be the "joint marital residence". This means that for the time being, both spouses have equal rights to occupancy. This is true no matter whose name the lease is in.

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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