Can I legally have my wife put out of our home?

We have been married 19-1/2 years. She has a history of emotional and stress related behavior and events. The past couple of years they have occurred more frequent and become more volatile. It has become uncomfortable for our 19 year old son and me. She refuses to get medical attention or counseling.

Asked on May 16, 2017 under Family Law, Indiana


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

Answered 3 years ago | Contributor

Unless you have a legal separation agreement in effect or a final decree of divorce that stipultes who has the right to posses the home, it remains the "joint marital residence". This is true no matter whose name the deed/lease is in. Accordingly, you both have the legal right to occupy it. If, however, your wife's behavior has put you and/or son in fear for your safety, you may be able to obtain an order of protection and have her removed.

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