marreid husband cheated on wife can i make him leave the house to find somwere else to live even though the house is in his name

my husband and I have been together for 7 years and been married for 3 we have two kids one not from him and one from him and we ae expecting are 3rd on the way. the house we live in is in his name and his mom not me .my husband cheated on me and I don’t know if I can kick him out for him to look for a new place to live or do I have to look for a new place to live

Asked on November 2, 2017 under Family Law, West Virginia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

I am so sorry for the situation and the stress you are under.  Take care of yourself especially right now.  So the issue with the house is complicated since more information is needed to detwemine if you will have an interest in same in a divorce.  But if it is the marital home and family home for you and your children it is likely that a judge will order you to have exclusive use and occupancy during the pendency of the divorce proceedings.  After you are divorced is a different story and again, dependent on information not a part of this question.  Seek help from an attorney to file for divorce and pendente lite motion setting support, housing, etc.  Good luck.

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