If a home was purchased for the family during a marriage but is in one spouses name only, can that spouse force the other to leave?

My husband is the only person on the mortgage for our house. We owned a house jointly up until my son was born. It was decided that I would stay home and care for him full time. When we moved to our next house because of my debt to income ratio (I didn’t work and have student loan debt) the new home was purchased in my husband’s name. We are now discussing divorce and he has said on numerous occasions that I need to leave because it is his house.

Asked on June 22, 2012 under Family Law, Indiana


Brad Micklin / The Micklin Law Group

Answered 8 years ago | Contributor

You do not need to leave the house before any divorce is completed. In the event he should do something unscrupulous like change the locks, you would be easily able to go to court on an emergent application and gain reentry to your home.

You should speak with an attorney to ensure that you are aware of your rights with regard to your divorce, not just possession of the house. That way you will be protected before anything starts and before he can take any actions against you.

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