Can I make my husband leave our home?

We are going through a divorce and in
the provisional hearing I was granted
temp possession of our martial home. Can
I make him leave?

Asked on January 10, 2019 under Family Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

He only has to leave if there is a court order in the divorce case requiring him to go. Based on what you write, the temporary possession you were granted in the provision hearing may do that, but not seeing the order, we cannot offer an definitive opinion. Contact the judge's clerk and ask him or her to clarify what the order allows you to do in this regard. If it does require him to go and he refuses, you can contact the police to enforce the order.


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