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

Answers:

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?


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.