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

Answers:

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.


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.