if I just filed for divorce, can I force my husband to leave the house?

Asked on August 5, 2015 under Family Law, Michigan

Answers:

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

Answered 5 years ago | Contributor

No you cannot; thisis true egardless of whose name is on the deed. The fact is that until a divorce is final, the house remains the "marital residence", so both parties have a right to occupy it. Under certain limited circumstances, the party seeking to live in the residence can file for a writ of possession to obtain sole possession, however judges are reluctant to issue them. Also, if one of the parties has put the other in fear for their safety, the spoue who was threatend can get an emergency order of protection which will also give them the right to exclusive use and possession.

You can consult dierectly with a divorce attorney in your area. They can best advise you further.

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

Answered 5 years ago | Contributor

No you cannot; thisis true egardless of whose name is on the deed. The fact is that until a divorce is final, the house remains the "marital residence", so both parties have a right to occupy it. Under certain limited circumstances, the party seeking to live in the residence can file for a writ of possession to obtain sole possession, however judges are reluctant to issue them. Also, if one of the parties has put the other in fear for their safety, the spoue who was threatend can get an emergency order of protection which will also give them the right to exclusive use and possession.

You can consult dierectly with a divorce attorney in your area. They can best advise you further.


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