If I’m separated and am planning on filing for divorce, can I make my husband leave the house?

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If I’m separated and am planning on filing for divorce, can I make my husband leave the house?

Asked on July 21, 2015 under Family Law, New York

Answers:

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

Answered 6 years ago | Contributor

Unless your divorce if finalized or there is another court order in place that addresses just which one of will retain the exclusive right of occupancy to the house, you cannot force your husband to leave. Until there is such an order, it is still considered to be the "marital residence" regardless of whose name the deed/lease is in. Accordingly, he has a right to enter and stay in or on the premises as he chosses.

The exception to the above would be in the case of actual or threatened domestic violence. In that event, your can obtain an order of protection and have him removed from the house.


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