If my wife of 9 years says she is no longer in love with me and wants me to leave, can she force me to leave?

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If my wife of 9 years says she is no longer in love with me and wants me to leave, can she force me to leave?

I’m disabled. Her father owns the home we live in so he is on the deed but he resides elswhere.

Asked on October 15, 2012 under Family Law, Ohio

Answers:

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

Answered 9 years ago | Contributor

Actually, at this point in time, your wife has no right to force you to leave. No matter whose name is on the deed, the house is considered to be the "marital residence" and accordingly both of you have equal rights to possession. However that can change if: a final divorce decree is issued; a legal separation agreement is executed and it gives her the exclusive use of the house; or some sort of temporary order is issued (e.g. protective or stay away order) which calls for your removal from the home.

At this point you need to speak to directly to a divorce attorney in your area. They can best explain your rights here.


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