If I just bought a house and the loan is in my name only, since I want a divorce what is my right to make him leave the house?

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If I just bought a house and the loan is in my name only, since I want a divorce what is my right to make him leave the house?

Asked on April 15, 2012 under Family Law, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Here is the general rule:  assets acquired during a marriage are considered to be marital assets to be divided in a divorce.  It does not mater whose name that the asset is in.  So no, if it is considered the marital home you can not make him leave.  You can ask for exclusive occupancy from a judge or he can agree.  Good luck.


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