What are the right to a home owned before marriage?

UPDATED: Oct 1, 2022

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What are the right to a home owned before marriage?

My husband and I are possibly divorcing. The house was mine originally, my dad bought it for me before he passed away. Right now my kids age 16 and 9 are staying with my mom just 2 blocks away. How can I get myself and kids back in our house? At this point my husband refuses to leave. What can I do? What are my rights?

Asked on January 22, 2019 under Family Law, Idaho


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Even though the home is yours, since you owned it pre-marriage, you cannot lock a spouse out of the marital home (the principal residence of the two of you as a married couple) without a court order. The only way to remove him would be to file for divorce and, in the course of the divorce, get a court order that he move out. 
The converse also applies: he can't keep you out of the home, either: you and your children have the right to live there.
Consult with a family law attorney to better understand your rights in divorce.

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