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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 16314
Experience:  General practice attorney
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What are the occupancy rights of a spouse when other spouse

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What are the occupancy rights of a spouse when other spouse holds title? (AL)

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Is this in a divorce/separation scenario or a probate (deceased spouse) scenario?

Customer:

No to all

ScottyMacEsq :

Can you tell me what the context then of the question is?

ScottyMacEsq :

If this is a marital home, then the spouse has rights to occupy until a court order says otherwise. Typically in a divorce or separation, that would be a temporary order or permanent order barring that spouse from entry to the premises.

ScottyMacEsq :

Now if this is not a marital home (such as a vacation home, etc...) then the spouse has no occupancy rights if the property is truly owned by the other spouse.

Customer:

Can the spouse with title boot you out for any arbitrary reason?

ScottyMacEsq :

If this is a marital home, no.

ScottyMacEsq :

That is, if this is the residence of the non-owner spouse, then the other spouse would have to get an order giving him sole possession of that property. ,

Customer:

TY

ScottyMacEsq :

Only in very narrow situations where there's a prenupital agreement that would say otherwise, would the owner spouse be able to seek an eviction (but even then, that would require court action).

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

ScottyMacEsq :

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