If we are getting a divorce, can my wife make me now leave our home?

Asked on November 28, 2015 under Family Law, Connecticut


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

Answered 5 years ago | Contributor

No, she cannot throw you out. This is true regardless of whose name is on the deed (or lease). The fact is that until your divorce is finalized or there is a separation agreement or court order that determines who has the exclusive right to occupy the house (or apartment), both spouses have equal rights to be there since it is still considerd to be the "marital residence". 
Absent you putting your wife in fear for her safety and her then obtaining a court order to remove you, you cannot be forced out of the residence.
At this point, you really should consult with an attorney. If money is an issue, you may qualify for representation by Legal Aid. Also, check if there is a law school nearby to where you live; they typically run free/low cost clinics that handle divorce cases.  Additionally, you can contact the state/county bar association; they may have a list of attorneys who will take your case "pro bono" (for free) or at least for a reduced fee based on your income/circumstances. Finally, contact your state's Department of Social Services, they may be able to refer you for free legal services.

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