If my wife and I had a fight and she is telling me to get out of the house, do I have the right to stay?

She had the police come and I did leave last night but I don’t have anywhere permanent to stay and don’t want to leave.

Asked on October 3, 2015 under Family Law, Idaho


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can't be made to leave your marital home you have as much right to it as she does, at least until and unless you divorce, at which time the court will decide or the two of your will agree who gets it and/or that it should be sold and the proceeds split between you in some way. You can return she can leave if she doesn't want to live in the home with you. She has the right to stay, of course, but you can't make her stay.

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