can i shut off utilities at my house to force spouse out?

I own the home. Everything is in my name. He would not leave so i packed me and my
son up and we are currently staying with my mom. I want him out. Can I have the
utitlities shut off? they are all in my name

Asked on March 9, 2016 under Family Law, Iowa


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

Answered 4 years ago | Contributor

No you cannot do this. Until there is a final divorce decree, legal separation agreement or court order stipulating otherwise, the house is considered to be the "marital residence". This is true no matter whose name the dded is in. Accordingly, both spouses have the legal right to use and occupancy. You face legal sanctions if you try and unlawfully evict your spouse.

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