Can my husband legally kick me and my children out of our apartment?

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Can my husband legally kick me and my children out of our apartment?

Asked on October 2, 2012 under Family Law, Illinois

Answers:

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

Answered 8 years ago | Contributor

The fact is that until there is a formal separation agreement, final divorce decree or other court order, both spouses have equal rights to the marital home. This is true regardless of whose name is or is not on the lease; in other words, even if the lease is just in his name, as his wife you still have rights to occupancy. So unless you have done something to put your spouse in fear for his safety, he has no legal right to remove you (or have you removed) from your apartment.

At this point, you need to speak with an attorney. You can check legal aid or the like for low cost services, if necessary. 


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