Does your spouse have the legal right to make you move out of the house that both your names are on?

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Does your spouse have the legal right to make you move out of the house that both your names are on?

My son’s wife is telling him he must move out, they have discussed getting divorced and he just wants a quick clean parting. We’re not sure of his rights. There is no physical or mental abuse from him.

Asked on June 1, 2018 under Family Law, Rhode Island

Answers:

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

Answered 3 years ago | Contributor

Until a legal separtation agreement as been entered into or a final degree of divorce has been granted, both spouses have eqaul rights to stay on the premises. This is because it is still considered to be the "joint marital residence". Firther, this is true no matter whose name is on the deed.


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