If my home deed has my wife’s name only on it and she leaves me, can she kick me out of the home?

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If my home deed has my wife’s name only on it and she leaves me, can she kick me out of the home?

My wife left me almost a year ago and the house was refinanced and the deed has her name only on it. I have been unable to work, so I am behind on the house payment. She has told me she is going to get a loan to catch the house payment up and I have 30 days to pay it or she will kick me out. There is no legal separation or divorce. Can she do this?

Asked on August 7, 2012 under Family Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, she can not.  If the hosue was pruchased after you were married with marital funds then it is marital property regardless of whose name the deed or mortgage is in.  And I am assuming here that you have been paying the mortgage and upkeep since she left, correct?  I think that you need legal help here and the time has come to move in one direction or another regarding your marriage.  Good luck.


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