Can I force my husband to leave the home?

I am the only one the deed.

Asked on November 26, 2011 under Family Law, Michigan


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The fact is that no matter whose name is on the deed, at this point your house is considered to be the "marital residence". Accordingly both parties have equal rights to possession and use. That having been said, that can change if: a final divorce decree is issued giving you sole possession; a legal separation agreement is executed and it gives you the exclusive use of the house; or some sort of temporary order is issued (e.g. protective or stay away order) which calls for your husband's removal from the premises.

At this point you consider consulting directly to a divorce attorney in your area. They can best explain your rights and responsibilities.

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