If my spouse and I are renting an apartment and are both on the lease, can I be put out?

Asked on November 1, 2015 under Family Law, Indiana


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

Answered 5 years ago | Contributor

You didn't give much by way of details but genrally, until a final divorce decree is issued or other court order, both spouses have equal rights to the "marital residence". This is true not matter whose name the lease is in. Accordingly, your spouse cannot simply "kick you out".
The exception to this would be if you put your spouse in fear of their safety. If so, they could get an emergency protective order to keep you from entering the residence (and if the threat is immediate, the police can come and immediately remove you).
At this point, you may want consult directly with a local divorce attorney. After hearing the details of your situation, they can best advise you further.

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