If my spouse suspects me of cheating and has proof of just text messages of me to someone else, do they have a legal right to put me out of my home?

Asked on October 7, 2015 under Family Law, Alabama


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

Answered 5 years ago | Contributor

No they do not. The fact is that at this point your home is still considered to be the joint marital residence. This means that until your divorce is final or there is a court order that is issued which determines who has the exclusive use of the home, you have just as much right to live there as your spouse does. This is true no matter whose name is on the deed/lease or whether or not you have committed adultry.
Note If you have in some way put your spouse in fear for her safety, she can file for a protctive order to keep you from entering the home.

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