After my wife files for divorce, can I legally stay in my house until it is final?

Asked on September 8, 2012 under Family Law, Michigan


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The answer in Michigan is yes, you can indeed live in the same house as your spouse once the action for divorce has been filed.  BUT, you can not be living as husband and wife.  There is a difference under the law. It is understandable that financially having two separate households can be difficult.  Good luck.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Even though your wife has filed a marital dissolution action against you, you are entitled to remain in the home that you two presumably share absent an agreement to the contrary and/or a court order mandating that you vacate. From a practical aspect, why would you want to remain in a unit shared by your spouse who wants to divorce you?

Perhaps you might be better off with your own place?

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