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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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Can my wife of 13 years (& 7 years prior to getting married)

Customer Question

Can my wife of 13 years (& 7 years prior to getting married) kick me out of the house that is in her name only?
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.To answer directly, neither spouse can legally kick out the other spouse from the marital homestead while you both remain married to one another, even if the property is solely in one name. The only way to do so legally while married is if one files for divorce and likewise also files a 'petition for sole occupancy' for the property. This is generally done if there are young children so that one parent can remain with the children and avoid the conflict of divorce arguments. But that is fairly uncommon unless the divorce has become very acrimonious. The other option is if one spouse files, and receives, a restraining order which would compel the other to leave. This is not technically an eviction but some use it in such a manner. Otherwise, however, you cannot be kicked out. Sincerely,Dimitry, Esq.

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