Can my husband keep me out of our home when both our names are on the deed?

Asked on November 4, 2011 under Family Law, Kentucky

Answers:

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

Answered 9 years ago | Contributor

No, your husband cannot do this unless there is a formal separation agreement or court order that stipulates which spouse as the right to possession of the premises. Absent that, both spouses have equal rights to live on the premises. Once the divorce is finalized, the decree will stipulate who has control of the house after that.

This is true no matter whose name is on the deed (or if both are). The fact is that the house is considered to be the "joint marital residence". Consequently, both parties have equal rights to live there.

The exception here would be if one party is deemed to be a danger to the other. Then that party could be removed immediately to insure the safety of the other spouse (or occupants).

At this point you need to speak to directly to a divorce attorney in your area. They can best explain your rights and reponsibilities.


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