Can my wife legally keep me out of our house?

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Can my wife legally keep me out of our house?

Property damage during a verbal
fight.

Asked on January 29, 2017 under Family Law, Washington

Answers:

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

Answered 4 years ago | Contributor

Unless a formal separation agreement has been filed or a final decree of divorce has been issued that addresses who has the rights to possession and/or ownership, the house remains the "joint marital residence" and this is true no matter whose name the title/lease is in. This means that both you and your wife can live there to live. She has no legal right to put you out unless she obtains an order of protection due to fear for her safety. If she is successful in getting one, then you will have to vacate the home. Until then, however, you can stay. At this point, you should consult directly with a divorce attorney in your area for further advice.


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