If I just filed for divorce, can I kick my husband out now?

Asked on August 15, 2015 under Family Law, Indiana

Answers:

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

Answered 5 years ago | Contributor

Until your divorce is finalized or there is another court order in place that stipulates just which one of you retains the exclusive right of possession and occupancy, you cannot force your husband to leave. At this point, it is still considered to be the "marital residence" '; this is true no matter whose name the deed/lease. Bottom line, he has a right to enter and stay on the premises as he chooses.

Note: The exception would be if he has put you in fear for your safety. In that case, he could made to vacate the house.


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