Can my husband kick us out of the house?

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Can my husband kick us out of the house?

My husband wants a divorce, and says he wants me out of the house. If I go, our son would go too, he’s 9 months old and my daughter, she’s 15. I have no where to go and am a stay at home mom with no steady income. I moved here from out of state and know no one but his family here. He says if I don’t go, then he will stop paying the power/water bills at the house so we will have to go. Can he legally do this? There is no infidelity. He simply says he wants a divorce so he won’t ever have to fuss and it will save him money of we no longer live with him.

Asked on January 26, 2017 under Family Law, South Carolina

Answers:

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

Answered 4 years ago | Contributor

Until a formal separation agreement is filed or a final decree of divorce is awarded that addresses who has the rights to possession, the house remains what is called the "marital residence". This is true no matter whose name is on the title is. Accordingly, both of you have the right to live there. Therefore, your husband has no right to put you out and if he attempts to do so, you can take legal action against him. At this point, you should consult directly with a local divorce attorney; they can best advise you further.


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