Can my husband file a motion to have me leave the home before the divorce?

We’ve been married less than a year it is his home I have a son who is 14 that lives with us. Can he just kick me out before the divorce is final?

Asked on July 5, 2018 under Family Law, Illinois

Answers:

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

Answered 2 years ago | Contributor

Unless there is a legal separation agreement in effect or a final decree of divorce has been granted that specifies who has the legal right to possesson of the home, it remains the "joint marital residence". This means that you both have the right to live there. This is true no matter whose name the house may be in. The only exception to the above would be if you have put your husband in fear for his safety, in which case he can go to court and seek and order of protection. At this point, you need to consult directly with a local divorce attorneywho can best advise you further.

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

Answered 2 years ago | Contributor

Unless there is a legal separation agreement in effect or a final decree of divorce has been granted that specifies who has the legal right to possesson of the home, it remains the "joint marital residence". This means that you both have the right to live there. This is true no matter whose name the house may be in. The only exception to the above would be if you have put your husband in fear for his safety, in which case he can go to court and seek and order of protection. At this point, you need to consult directly with a local divorce attorneywho can best advise you further.


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