Can my husband evict me from our home if the property is in his mother’s name?

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Can my husband evict me from our home if the property is in his mother’s name?

I am trying to find a place to live as my spouse decided to move his girlfriend into our home without my consent. Afterward, he informed me that he is planning on divorcing me. He then told me that I have to get out we are no longer married. I have nowhere I can go and need to save money in order to afford a rental home.

Asked on January 6, 2018 under Family Law, Michigan

Answers:

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

Answered 3 years ago | Contributor

No matter whose name that the deed/lease is in, the home that a married couple shares is considered to be the "joint marital residence", at least until there exists a legal separation agreement or final decree of divorce that determines who has the exclusive right to possession. Accordingly, one spouse cannot "evict" the other.


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