Can my husband legally evict me?

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Can my husband legally evict me?

We have been married for 11 years and now my husband is trying to evict me, can he legally? The house was purchased prior to marriage.

Asked on June 19, 2019 under Family Law, Wisconsin

Answers:

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

Answered 1 year ago | Contributor

As long as there is no court order in effect (e.g. a protective order) barring you from the house, it is still considered to be the "joint marital residence". This is true no matter whose name is on the deed or when the house was ourchased. Accordingly, you have the same right as your husband does to enter it and occupy it. He can't evict you and keep you out. At this point, you should consult directly with a local divorce attorney who can best advise you further.

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

Answered 1 year ago | Contributor

As long as there is no court order in effect (e.g. a protective order) barring you from the house, it is still considered to be the "joint marital residence". This is true no matter whose name is on the deed or when the house was ourchased. Accordingly, you have the same right as your husband does to enter it and occupy it. He can't evict you and keep you out. At this point, you should consult directly with a local divorce attorney who can best advise you further.


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