Can my husband kick me out?

UPDATED: Oct 1, 2022

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Can my husband kick me out?

I had moved out of the house, separating from my husband 8 months ago. In an attempt to reconcile, I moved back in with my 3 children mine from a previous marriage. The lease is in his name only because the lying started within the first week, I never had my mail forwarded nor changed my address on my DL. Yesterday he told me to move out, said he checked with the police and if he wanted me gone, I would have no choice. Is he right? Side note, I do not wish to continue the marriage and turned out his telling me that was a manipulation to get a reaction out of me. There is a broad history of his drug abuse and being emotionally and verbally abusive toward me, causing health issues. As I am apparently stupid, he had me believing he had changed.

Asked on December 6, 2017 under Family Law, South Carolina


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

Answered 5 years ago | Contributor

Unless and until a legal separation agreement is in effect or a final decree of divorce has been granted, the home that a married couple shares or has shared remains the "joint marital residence". This is true no matter whose name the lease/deed is in and whether or not a spouse has moved out and wants to move back in. At this point, you should consult directly with a local divorce attorney who can best advise you from here.

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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