Can my husband legally kick me out?
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Can my husband legally kick me out?
My husband and I have had serious issues. He has threatened to kick me out of our apartment. I want to know if legally I have to leave. He is the primary lease holder and I am added on the lease as a spouse. We had to set up our lease agreement like this because I am a full-time college student and he works full-time. So financially I wasn’t able to meet at it officially on the lease. However, I am at it as a spouse. Can you remove my name off the lease without any penalties? If so, since he is still my husband legally, do I still have to leave?
Asked on September 15, 2016 under Family Law, Tennessee
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Until a formal separation agreement has been entered into or a final decree of divorce has been issued which specifies which spouse has the right to possession, the home shared by spouses is still considered to be the "joint marital residence". This means that for the time being, both spouses have equal rights to occupancy. This is true no matter whose name the lease is in.
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