Do I have to move out of the house if I have been served with divorce papers?

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Do I have to move out of the house if I have been served with divorce papers?

We have no children. I am unemployed. My husband is telling me to get out.

Asked on August 8, 2011 Colorado

Answers:

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

Answered 10 years ago | Contributor

Unless your divorce has been finalized, you have a separation that addresses just who has the right to occupy the house, or temporary orders have been issued by a court that give him the exclusive right and possession to the house, there really isn't anything that he can do.  This is true regardless whose name is on the deed/lease. At this point, the house is still considered to be the joint "marital residence".  Right now you should speak with directly a divorce attorney in your area.  Be aware that if he attempts any type of "self-help" such as putting your things out in the street or changing the locks you could sue him.  Additionally, this would hurt him in the divorce proceedings. 

Note:  If he claims that you have put him in fear for his personal physical safety, then he may be able to apply for a protective order which would result in your immediate removal from the house. 


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