Name of rental agreement

question… my husband keeps insisting that because his name is on the lease agreement that he can make me leave.
we have 2 children 17 and 11 and I feel he should be the one to leave.

Asked on April 17, 2017 under Family Law, Rhode Island


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

Answered 3 years ago | Contributor

No matter whos name is on the lease (or deed), until there is a final decree of divorce or at least a formal separation agreement that establishes who has the right to possession, both spouse's may legally occupy the home. That is because it remains the "joint marital residence". Accordingly, your husband cannot make you leave.e

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