Can I kick my husband out ofthe house?

UPDATED: Dec 12, 2011

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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


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

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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