Can my husband throw me out?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my husband throw me out?
We’ve been married for 6 years and we live in his home. I’ve had total knee replacement last year and a re-do on the other knee this year. I haven’t worked all this time which will hopefully change 2 to 4 months from now when this knee is better. I have a home that I rent out but the tenants moved a month ago. So no money coming in on my part. My husband insists Ifind a job pronto but because I’m still recovering, it’s an impossibility right now. It doesn’t matter because I see this was only a marriage of convenience so I want out. Can he legally throw me out before I’m ready?
Asked on August 8, 2011 Maine
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The fact is that your husband cannot make you leave. Unless your divorce is final, or you have a formal separation agreement covering possession of the home, or temporary orders have been issued by the court that addresses the exclusive use and occupancy of the house, it is still considered to be the "marital residence". Accordingly you have as a much right to living in the house as he does. This is true regardless of who is making the mortgage payments or whose name that the house is titled 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 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.