What is my first legal step in having my wife move out.

UPDATED: Sep 30, 2022

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What is my first legal step in having my wife move out.

I have not filed for divorce
yet.my home is in my name only.my
wife is confined to a wheelchair
and has several health problems.i
want a divorce its to much for me
to handle.please tell me what the
first step is to having her move
out.i dont want to hurt her.my
opinion is she needs to go to
nursing home where she can be
taken care of properly

Asked on May 19, 2017 under Family Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If she is mentally incompetent--has been determined to be incompetent by a court, based on medical evidence of incompetence--then as her husband (unless someone else was appointed her legal guardian), you could make decisions as to where she lives and health care, and could put her in a nursing home. But if she is legally competent, she can decide for herself where to live; and if she chooses to stay with you, you cannot remove her from the home: the law does not let one spouse remove another from their home, even if the home is only in the first spouse's name. You would in this case have to divorce her--that would be the only way to no longer have to let a competent spouse live with you.

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