Can my husband evict me from our home if the property is in his mother’s name?

I am trying to find a place to live as my spouse decided to move his girlfriend into our home without my consent. Afterward, he informed me that he is planning on divorcing me. He then told me that I have to get out we are no longer married. I have nowhere I can go and need to save money in order to afford a rental home.

Asked on January 6, 2018 under Family Law, Michigan


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

Answered 3 years ago | Contributor

No matter whose name that the deed/lease is in, the home that a married couple shares is considered to be the "joint marital residence", at least until there exists a legal separation agreement or final decree of divorce that determines who has the exclusive right to possession. Accordingly, one spouse cannot "evict" the other.

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 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.