I am filing for divorce soon, can I kick my husband out of MY house?

The house is in MY name only – he will not leave and I want him out – can I legally kick him out?

Asked on May 4, 2016 under Family Law, South Dakota


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

Answered 4 years ago | Contributor

Until there is a final decree of divorce, legal separation in place or other court order as to possession of the premises, it is considered to be the "marital residence". This means that for the time being, both spouse's are entitled to occupy the house, regardless of whose name it is in.

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