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Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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my husband just filed for divorce and says I have to get out

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my husband just filed for divorce and says I have to get out of our house, do I?
I don't have a job, does he still have to pay bills so I have a place to stay?
Thank you for your question. Please permit me to assist you with your concerns.

If I may ask, what state are you located in?
Customer: replied 4 years ago.


Thank you for your follow-up.

Neither spouse can evict or forcibly eject the other spouse from your home--that is because currently that home is your homestead to which both spouses have exactly the same occupancy right, even if the property may or may not be under the title of one person. So no, you do not have to get out, even if the property is solely under his name, you are still a lawful occupant on the premises. In terms of paying bills, that is an obligation your spouse would owe both to the creditors (the companies to whom bills are owed) and to you since each spouse is required to provide support to the other. If he refuses to pay or cover your expenses, you could go to court and file a petition requesting 'spousal support' or 'alimony pendente lite' until divorce is granted. Filing for divorce does not somehow stop each spouse from being obligated to the other.

Good luck.

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