Can he throw me out?

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Can he throw me out?

My husband has given me a date to be out of the house, which was purchased jointly. Does he have a legal right to do this in a community property state? All of my funds are tied up in marital-related bills and I would have nowhere to go.

Asked on May 25, 2009 under Family Law, Wisconsin

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

No, he can't force you out just by saying so.  Please see a divorce attorney in your area, as soon as you can do it without your husband's knowledge!  You need a full explanation of your rights, based on all of the facts of your case.  One place to find the lawyer to help you with this is our website, http://attorneypages.com

If your name is on the deed along with his, without any unusual facts I would think you have every bit as much right to be in the house as he does, and it doesn't matter if he makes more money and pays more of the bills.  One of the things you'll want to ask your lawyer about, is what you can do if he does anything to make your life miserable when you refuse to move.

The law is not going to let him make you homeless -- not if you know your rights and stand up for them, with the help of a good attorney.


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