Can my wife legally put me out?

My wife bought a condo a month before we got married and we have been living in it for the past 5 years 11 months. Now she wants me and my 8 year old son to leave by 09/01. Can she legally do this? She hasn’t filed for divorce yet.

Asked on July 27, 2010 under Family Law, Wisconsin


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Technically she bought it prior to marriage with money that was separate property and it is hers.  I say "technically" because sometimes what appears to be separate property from the outside can take on a air of marital property in reality.  Like when you have been paying half the mortgage and utilities and taxes and maintenance and - well, you get my drift. Even if you took the position that the money that you were contributing could be considered only "rent " for these last five yours she would have to legally evict you. She can not just throw tou out.  You weere more than a guest and definately not a tresspasser.  Seek legal help asap.  Good luck.

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