Can you evict?

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Can you evict?

If you are going through verbal abuse, can’t afford an attorney, do not want to get your spouse arrested, can you evict? Shove them out the door and have the locks changed?

Asked on August 18, 2017 under Family Law, Mississippi

Answers:

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

Answered 3 years ago | Contributor

Unless you have a formal separation agreement or a final decree of divorce has been issued stating who gets possession of the premises, it remains the "joint marital residence". This means that you both have the legal right to live there, no matter whose name that the deed or lease may be in. The only exception would be if your husband has put you in physical fear for your safety. in that case, an order of protection can be obtained which would force your husband out of the house and keep him out.


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