How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
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.
Type Your Family Law Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

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: 2 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 2 years 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.

Related Family Law Questions