Can I kick my husband out ofthe house?

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Can I kick my husband out ofthe house?

The house is in my name and we have a baby together.

Asked on December 12, 2011 under Family Law, South Carolina

Answers:

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

Answered 9 years ago | Contributor

The fact is that no matter whose name is on the title to the house, at this point it still is considered to be the "marital residence" and accordingly both parties have equal rights to possession. However, that changes if: a final divorce decree is issued; a legal separation agreement is executed that gives you the exclusive use of the house; or some sort of temporary order is issued (e.g. protective or stay away order) which calls for his removal from the home.

At this point you need to speak to directly to a divorce attorney in your area. They can best explain your  rights and/or remedies.


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