Can my husband throw me out?

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Can my husband throw me out?

We’ve been married for 6 years and we live in his home. I’ve had total knee replacement last year and a re-do on the other knee this year. I haven’t worked all this time which will hopefully change 2 to 4 months from now when this knee is better. I have a home that I rent out but the tenants moved a month ago. So no money coming in on my part. My husband insists Ifind a job pronto but because I’m still recovering, it’s an impossibility right now. It doesn’t matter because I see this was only a marriage of convenience so I want out. Can he legally throw me out before I’m ready?

Asked on August 8, 2011 Maine

Answers:

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

Answered 9 years ago | Contributor

The fact is that your husband cannot make you leave. Unless your divorce is final, or you have a formal separation agreement covering possession of the home, or temporary orders have been issued by the court that addresses the exclusive use and occupancy of the house, it is still considered to be the "marital residence". Accordingly you have as a much right to living in the house as he does. This is true regardless of who is making the mortgage payments or whose name that the house is titled in.


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