Can my husband kick me out of our house?
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Can my husband kick me out of our house?
I am living with my husband and 2 children. We rent an apartment. The apartment is is my husband’s name. He is threatening to kick me out for reasons he believes he has. He says he has legal right to do so. I want to know if it’s true.
Asked on December 1, 2011 under Family Law, New Jersey
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No it is not true. The general rule is that both parties have equal rights to possession, regardless of whose name a lease is in. That is unless:
- a divorce has been finalized;
- there is a legal separation agreement regarding who has exclusive use of the premises; or
- a court has issued temporary orders regarding occupancy.
That having been said, you really should consult with a divorce attorney. They can best advise as to your rights, especially since children are concerned.
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