If I am going through the beginning stages of a divorce, can my husband throw me and our children out?

My husband is trying to kick me and my kids out of our house. The house was purchased before we were married but we were together and the home loan is in his name.

Asked on October 26, 2011 under Family Law, Washington


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are in the beginning stages of a marital dissolution proceeding you really should consult with a family law attorney so that you can understand your marital rights as to property issues, child custody, child support and spousal support.

If the house is in your husband's name, but its payments (assuming payments for it were being made) during your marriage were from money generated during your marriage, most likely you have an ownership interest in the property. Your husband possibly could try and throw you and the children out of the family home but before that issue becomes a reality, you need to consult with a family law attorney to possibly file a petition to allow you and the children to remain in the family home.

Good luck.

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