If my husband and I are not getting along, can I put him out?

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If my husband and I are not getting along, can I put him out?

Asked on December 27, 2015 under Family Law, Washington

Answers:

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

Answered 8 years ago | Contributor

No, you may not put him out. Unless there is a final divorce decree or separation agreement, etc. that specificlly addresses who has the right to the exclusive use and possession of your home, it is considered to be the "marital residence". Accordingly, you both have an equal right to live there.
The above is true so long as your husband has not put you in fear for your safety. it that's the case, you can go to court and receive an order of protection which will give you the right to have him removed from the residence. And obviously, if you should ever need immediate assistance, contact the police.


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