can i make my husband leave my house?

I am wanting a divorce and my house is in my name only. My husband is refusing to leave. what I can I do? I am afraid for my safety but he has not hit me yet. How can I legally get him to leave?

Asked on August 22, 2016 under Family Law, New Mexico

Answers:

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

Answered 4 years ago | Contributor

Typically, no matter whose name is on the deed, until a formal separation agreement is entered into or a final decree of divorce is issued, the house in which a married couple lives is still considered to be the "joint marital residence". This means that both the husband and the wife have equal rights to stay there. That having been said, if one of the occupants has put the other in fear for their safety, then the victimized spouse can go to court to request an order of protection, etc. If one is issued, then the offending spouse can be made to leave the home. At this point, you should consult directly with a divorce attorney in your area who can then best further advise you.


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