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Can my husband make me leave our house before he divorces me

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Can my husband make me leave our house before he divorces me? I mean we are married 13 years, I have been out of state recouperating from a long illness and we have planned for me to come back. Now back, can he call the police to make me leave if he wants to?
Submitted: 5 years ago.
Category: Family Law
Expert:  LawHelpNow replied 5 years ago.
Thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.


  1. I am a licensed attorney with family law litigation experience. I will be glad to try and answer your questions. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification after reviewing the following information.
  2. "Can my husband make me leave our house before he divorces me?" No. Absolutely not. The marital residence is every bit as much your home as it is your husband's domicile. The law clearly recognizes your rights in this regard. Only a Judge can issue orders concerning who gets to live where while the divorce case is resolved. I am sorry for your circumstances and hope things soon look brighter.
  3. "Now back, can he call the police to make me leave if he wants to?" No. I mean, your husband can call the police, but that will get him nowhere other than for looking like a fool, frankly. The police will chalk the call up to a "civil matter" or "domestic dispute". They could possibly suggest that the two of you live separately just to keep the peace, but they lack any power to compel (force) you to leave.
  4. I hope that makes sense, but please do not hesitate to write back if needed. I shall be signing off soon to attend to some other professional obligations. Please rest assured, however, that I will be sure to check for any updated posts from you when I return to this online forum.


I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.


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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

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