Can i make my husband leave our house even though my name is not on the deed?

He is telling me to leave with my 8 year old child. What can I do to stay and make him leave instead?

Asked on August 22, 2011 New Mexico


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

Answered 9 years ago | Contributor

I am so sorry for your situation.  Much more information is needed here.  I am assuming that the house was purchased during your marriage and that it is considered marital property.  Having your name on the deed is really best but it is not fatal to the property being declared marital property.  If it was his prior to the marriage that is another story and then you would have to look at other factors to see if the courts will declare it marital or separate property.  If your child a child of the marriage?  Then he or she is to be supported by you both.  You need to seek lega  help.  If you want exclusive occupancy of the marital home - even temporarily - then you are going to need legal help.  Good luck.

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