If our house is in my husband’s name, can he put me out if we are about to file for a divorce?

Asked on February 14, 2016 under Family Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, he cannot. One spouse may not evict or eject the other spouse from the marital home--regardless of whose name it is in--because of a divorce filing. He is free to move out himself and live with his mother, his sibling, a friend, etc., or to rent an apartment or house for himself--but he can't remove you.

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

Answered 4 years ago | Contributor

if there is no final decree of divorce or a legal separtion agreement in effect, a married couple's home is considered to be the "marital residence". Therefore both the husband and the wife have the right to use and possession of the premises. This is true no matter whose name that the deed is in. So if your husband attempts to evict you, that is illegal and you can take him to court.
At this point, you should consult with a divorce attorney in your area. Even if you are not ready to file yet, they can give you further advice as in this matter.


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